US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 11.

CITIES AND TOWNS

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§111101.  Short title.

This act may be cited as the "Oklahoma Municipal Code."

Laws 1977, c. 256, § 1101, eff. July 1, 1978.  

§111102.  Definitions.

As used in the Oklahoma Municipal Code:

1.  "Charter municipality" or "Municipality governed by charter" means any municipality which has adopted a charter in accordance with the provisions of the Constitution and laws of Oklahoma and at the time of adoption of the charter had a population of two thousand (2,000) or more.  Once a municipal charter has been adopted and approved, it becomes the organic law of the municipality in all matters pertaining to the local government of the municipality and prevails over state law on matters relating to purely municipal concerns;

2.  "City" means a municipality which has incorporated as a city in accordance with the laws of this state;

3.  "Governing body" or "Municipal governing body" means the city council of a city, the board of trustees of a town, or the legislative body of a municipality, as it may be defined by applicable law or charter provision;

4.  "Mayor" means the official head of the municipal government as defined by applicable law or charter provision.  The mayor is the presiding officer of the governing body in all statutory forms of municipal government, and is the chief executive officer in cities having the statutory aldermanic and statutory strongmayorcouncil forms of city government;

5.  "Municipality" means any incorporated city or town;

6.  "Officer or official" means any person who is elected to an office in municipal government or is appointed to fill an unexpired term of an elected office, and the clerk and the treasurer whether elected or appointed.  When "officer" or "official" is modified by a term which refers to a personnel position or duty, the holder of the position or duty is not an officer or official of the municipality for any purpose;

7.  "Ordinance" means a formal legislative act of a municipal governing body which has the force and effect of a continuing regulation and a permanent rule of conduct or government for the municipality;

8.  "Publish" or "Publication" means printing in a newspaper which:

a. maintains an office in the municipality and is of general circulation in the municipality.  If there is no such newspaper, then in any newspaper which is of general circulation in the municipality; and

b. meets the requirements of a legal newspaper as provided in Section 106 of Title 25 of the Oklahoma Statutes.

If there is no newspaper meeting the requirements as provided for in this paragraph, the term publish or publication shall mean posting a copy of the item to be published in ten or more public places in the municipality.  When a notice is required to be published for a prescribed period of time, publishing the notice one (1) day each week during the prescribed period of publication is sufficient in accordance with Section 103 of Title 25 of the Oklahoma Statutes;

9.  "Quorum" means a majority of all the members of the governing body, board, or commission, including vacant positions;

10.  "Registered voter" means any person who is a qualified elector, as defined by the provisions of Section 1 of Article III of the Oklahoma Constitution, who resides within the limits of a municipality and who has registered to vote in the precinct of his residence;

11.  "Resident" means a person whose actual dwelling or primary residence is located within the corporate limits of the municipality;

12.  "Resolution" means a special or temporary act of a municipal governing body which is declaratory of the will or opinion of a municipality in a given matter and is in the nature of a ministerial or administrative act.  A resolution is not a law and does not prescribe a permanent rule of conduct or government; and

13.  "Town" means a municipality which has incorporated as a town in accordance with the laws of Oklahoma.

Amended by Laws 1984, c. 126, § 1, eff. Nov. 1, 1984.  

§111103.  Saving vested rights.

The provisions of this act shall not in any manner affect the rights, liability or right of action, civil or criminal, for or against any municipality in any action commenced before the effective date of this act.  The adoption of this act shall not be construed to repeal or in any way affect or modify:

1.  Any substantive or fixed right;

2.  Any law authorizing the issuance of any outstanding bonds of any municipality;

3.  Any law pursuant to which special assessments or rates or charges of any nature levied by any municipality which have not been paid in full, principal, interest, and any penalties; or

4.  The running of any statute of limitation in force at the time this act becomes effective.

All incomplete proceedings had and taken under any law hereby repealed or amended in the acquisition or improvement of any municipal project, the holding of any election, the creation of any special assessment or other district, the levy and collection of any taxes, special assessments, rates or charges of any sort, or the issuance of any bond or other security appertaining to a municipal project, any contract for the purchase of any such bonds or securities, which proceedings are in substantial compliance herewith, may, at the option of the municipal governing body, be completed hereunder the same as if such incomplete proceedings had been had and taken pursuant to the provisions hereof.

§112101.  Incorporation of a municipality.

A.  Any community of people residing in compact form may become incorporated as a town in the manner provided in Sections 3101 through 3107 of this title.  If the resident population is one thousand (1,000) or more, a town or community of people residing in compact form may become incorporated as a city in the manner provided in Sections 4101 through 4107 of this title.

B.  Any community which has operated as an incorporated municipality for twentyfive (25) years or more but which does not have any evidence of its articles of incorporation shall be presumed to have incorporated as the statutory form of municipal government under which it has operated.  Such community may file with the Secretary of State any historical evidence of its incorporation. Notice of said filing shall be published one time.  If no action challenging the presumption of incorporation is brought within sixty (60) days after publication of the notice of filing, the presumption of incorporation shall be conclusive.

Amended by Laws 1984, c. 126, § 2, eff. Nov. 1, 1984.  

§112102.  Name of incorporated town or city.

An incorporated municipality may be known as the:

1.  "City of _________"; or

2.  "Town of _________";

but no municipality which changes its name or incorporates shall adopt the name of an existing municipality in this state.

Laws 1977, c. 256, § 2102, eff. July 1, 1978.  

§112103.  Municipality to be surveyed and platted.

Persons intending to apply for the incorporation of a town or city shall cause a survey and plat to be made of the territory intended to be embraced within its limits.  The survey shall be made by a registered land surveyor, and shall set forth the courses and distances of the boundaries, the quantity of land contained therein, and be platted into lots and blocks in accordance with Sections 41101 through 41111 of this title.  The survey and plat shall be verified by the affidavit of the surveyor.

Laws 1977, c. 256, § 2103, eff. July 1, 1978.  

§112104.  Restrictions on territory included in proposed municipality or plat.

A.  Except as otherwise provided by subsection B of this section, no territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000), and no territory within three (3) miles of the corporate limits of any municipality having a population less than two hundred thousand (200,000), according to the latest federal census, shall be included in the survey and plat provided in Section 2-103 of this title or incorporated as a new municipality.

B.  Territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000) may incorporate as a new municipality if it can be proved to the board of county commissioners by documentation that the territory has historically been identified as a community of people residing in compact form.  Such territory shall be included in the survey and plat provided in Section 2-103 of this title or incorporated as a new municipality.  Upon application of any person or municipality affected, the district court in the county where such territory is located may afford appropriate relief for any violation of this section.  Urban areas annexed by a municipality which are completely nonadjacent to the corporate limits of the municipality are not considered as within the corporate limits of that municipality for the purposes of this section.

Added by Laws 1977, c. 256, § 2104, eff. July 1, 1978.  Amended by Laws 2004, c. 329, § 1, eff. Nov. 1, 2004.

§112105.  Division into wards  Number of wards.

Persons intending to apply for incorporation of a municipality shall divide the proposed municipality into the following number of wards, having due regard to the equitable apportionment of the population and the convenience and contiguity of the wards:

1.  A town shall be divided into three (3) or five (5) wards.

2.  A city to be operated under the statutory aldermanic form of government shall be divided into at least four (4) wards.  A city to be operated under the statutory councilmanager or statutory strongmayorcouncil form shall be divided into four (4) or six (6) wards.

Laws 1977, c. 256, § 2105, eff. July 1, 1978.  

§112106.  Incorporation procedure for municipality situated in two or more counties.

If a proposed town or city is situated in two or more counties, the petition for incorporation may be presented to the board of county commissioners of any county in which any part of the proposed municipality is situated.  The board shall act upon the petition in the same manner as if the proposed municipality were situated wholly within the county where the petition is presented.  The county clerk shall immediately certify the proceedings relating to the incorporation of the municipality to the board of commissioners of each other county in which any part of the municipality is situated, and each board which receives this certification shall enter the proceedings upon its records.

Laws 1977, c. 256, § 2106, eff. July 1, 1978.  

§112107.  Effect of incorporation  Filing  Judicial notice  Challenges.

The order declaring incorporation of a municipality, issued by the board of county commissioners as provided in Sections 3105, 4105 and 5104 of this title or issued by the town board of trustees as provided in Section 4103 of this title, shall be recorded in the office of the county clerk in the county in which the situs of the municipality is located and filed in the office of the Secretary of State and in the archives of the municipality.  The order shall be conclusive evidence of incorporation in all suits by or against the municipality and shall be judicially noticed in all court proceedings without specifically pleading or alleging incorporation.  Anyone wishing to challenge the formation, incorporation or organization of an incorporated municipality must bring action in the district court in the county in which the situs of the municipality is located within sixty (60) days after the date of the order declaring incorporation.

Laws 1977, c. 256, § 2107, eff. July 1, 1978.  

§113101.  Petition for incorporation of town  Notice  Contents.

A.  A petition for incorporation of a town shall be presented to the board of county commissioners of the county in which the proposed town is located, at the time indicated in the notice, as provided for in subsection C of this section, or as soon thereafter as the board can receive and consider it.  The petition shall be:

1.  In writing; and

2.  Signed by at least onethird (1/3) of the registered voters residing in the proposed town as shown by the preceding general election or by at least twentyfive (25) registered voters residing in the proposed town, whichever number is greater.

B.  Each petition shall be on a separate sheet and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and that the signers of the petition are registered voters of the proposed town.  The petition shall include:

1.  The name of the proposed town;

2.  The survey and plat of the proposed town;

3.  The resident population, including names and addresses of persons residing in the area of the proposed town not more than sixty (60) days prior to presenting the petition to the board of county commissioners;

4.  The number and boundaries of the proposed town wards or, if no wards are proposed, the number of positions on the proposed board of trustees;

5.  The appropriate documentation to prove that territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000) has historically been identified as a community of people residing in compact form, if applicable; and

6.  Affidavits verifying the facts contained in the petition.

C.  Not less than thirty (30) days before presenting the petition to the board of county commissioners, notice of the intent of the petitioners to apply for incorporation of a town shall be given by leaving the survey, plat, census, and description of wards, if any, in some convenient place in the proposed town for examination by those having an interest in the application.

Added by Laws 1977, c. 256, § 3-101, eff. July 1, 1978.  Amended by Laws 1984, c. 126, § 3, eff. Nov. 1, 1984; Laws 2004, c. 329, § 2, eff. Nov. 1, 2004.

§113102.  Hearing on petition  Order of commissioners calling for election on question.

Within thirty (30) days after the petition for incorporation has been presented, the board of county commissioners shall determine, either by affidavit or by oral testimony in a hearing on the petition, whether the requirements for incorporation have been fully complied with.  If the board is satisfied with the petitioners' compliance, it shall call for an election for the purpose of submitting to the registered voters of the proposed town the question of whether or not such territory shall become an incorporated town.  The order of the board calling for the election shall name the date for the election and shall be submitted to the secretary of the county election board for the purpose of conducting the election.

Laws 1977, c. 256, § 3102, eff. July 1, 1978.  

§113103.  Notice of election.

At least ten (10) days' notice of the election shall be given by the board of county commissioners by publication in a newspaper of general circulation in the proposed town, and by posting a copy of the order in not less than ten (10) of the most public places in the proposed town.

Laws 1977, c. 256, § 3103, eff. July 1, 1978.  

§113104.  Conduct of election  Ballots.

The election shall be conducted in accordance with applicable election laws.  The registered voters of the proposed town shall vote on the question of incorporation by separate ballot, which shall be substantially in the following form:

For incorporation as the town of ___________

( ) Yes.

( ) No.

Laws 1977, c. 256, § 3104, eff. July 1, 1978.  

§113105.  Canvassing returns  Statement of result  Order of incorporation.

The county election board shall canvass the returns of the election. Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify the results of the election to the board of county commissioners.  If a majority of the votes cast are in favor of incorporation as a town, the board of commissioners shall, within twenty (20) days after receiving the result of the vote, issue an order declaring that the town has been incorporated and naming the date for the election of town officers.  The territory shall, from the date of the commissioners' order, be deemed a body corporate and an incorporated town.

Laws 1977, c. 256, § 3105, eff. July 1, 1978.  

§11-3-106.  Notice of election of town officers - Fees and expenses.

The order of the board of county commissioners shall be submitted to the secretary of the county election board for the purpose of conducting the election of town officers.  If the town is eligible to come within the provisions of the Oklahoma Town Meeting Act and a majority of the petitioners desire to comply with the provisions of the Oklahoma Town Meeting Act, the petitioners shall call the election in accordance with the provisions of the Oklahoma Town Meeting Act.  Notice of any election of town officers shall be in the manner provided by law for municipal elections.  All expenses for any election on the question of incorporation and the election of officers shall be paid by the county and reimbursed by the town when fully organized.

Added by Laws 1977, c. 256, § 3-106, eff. July 1, 1978.  Amended by Laws 1998, c. 357, § 1, eff. Jan. 1, 1999.

§113107.  Officers to be elected.

The officers to be elected shall be those provided by law applicable to the town board of trustees form of government.  These officers shall hold office until the next oddnumbered year, at which time the first regular municipal election shall be held under the town board of trustees form of government as provided in Section 16206 of this title, and until their successors are elected and qualified.

§114101.  Petition for incorporation of city  Contents.

A petition for incorporation of a city shall be filed with the board of county commissioners of the county in which the proposed city is located.  The petition shall:

1.  Be in writing; and

2.  Be signed by at least thirtyfive percent (35%) of the registered voters residing in the proposed city, as shown by the preceding general election.

Each petition shall be on a separate sheet and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and the signers of the petition are registered voters of the proposed city.  The petition shall include:  1.  The name of the proposed city;

2.  The survey and plat of the proposed city;

3.  The resident population according to the latest federal census or other census recognized by the laws of Oklahoma, which population must be one thousand (1,000) inhabitants or more;

4.  The number and boundaries of the proposed city wards;

5.  A designation of the statutory form of city government that is proposed for the city when it becomes incorporated; and

6.  Affidavits verifying the facts alleged in the petition.

Laws 1977, c. 256, § 4101, eff. July 1, 1978.  

§114102.  Order calling for election on question  Notice.

Within thirty (30) days after filing the petition for incorporation of a city, the board of county commissioners shall call for an election for the purpose of submitting to the registered voters of the proposed city the question of whether or not such town or community of people shall become an incorporated city.  The order calling for the election shall name the date for the election and shall be submitted to the secretary of the county election board for the purpose of conducting the election.  The order shall be published in a newspaper of general circulation in the proposed city for a period of at least twenty (20) days prior to the election.

Laws 1977, c. 256, § 4102, eff. July 1, 1978.  

§114103.  Alternative procedure for incorporated towns.

As an alternative procedure to filing a petition with the board of county commissioners, the board of trustees of an incorporated town, by resolution, may direct the mayor to submit the question of whether or not the town shall become a city to the registered voters of the town at a special or general election.  The resolution shall:  1.  Divide the municipality into the required number of wards for purposes of the proposed city;

2.  Designate the statutory form of city government that is proposed for the city when it becomes incorporated; and

3.  Name the date for the election.

If a majority of the votes cast are in favor of incorporation as a city, as certified by the county election board, the town board shall adopt a resolution declaring that the city has been incorporated and naming the date for the election of city officers. The city shall, from the date of the board's resolution, be deemed a body corporate and an incorporated city.

Laws 1977, c. 256, § 4103, eff. July 1, 1978.  

§114104.  Conduct of election  Ballots.

The election on the question of incorporation shall be conducted in accordance with applicable election laws.  The registered voters of the proposed city shall vote on the question by separate ballot, which shall be substantially in the following form:  Shall the ________ (town, community, territory) of ________ become incorporated as the city of ________ and operated under the statutory ________ (name of proposed statutory form) form of city government as provided by the laws of Oklahoma?

( ) Yes.

( ) No.

Laws 1977, c. 256, § 4104, eff. July 1, 1978.  

§114105.  Canvassing returns  Certification of results  Order of incorporation.

The county election board shall canvass the returns of the election.  Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify to the board of county commissioners the results of the election.  If a majority of the votes cast are in favor of incororation as a city under the designated statutory form, the board of commissioners shall, within twenty (20) days after receiving the results of the vote, issue an order declaring that the city has been incorporated under the designated statutory form of city government and naming the date for the election of city officers.  The city shall, from the date of the commissioners' order, be deemed a body corporate and an incorporated city.

Laws 1977, c. 256, § 4105, eff. July 1, 1978.  

§11-4-106.  Notice of election of city officers - Fees and expenses.

The order of the board of county commissioners shall be submitted to the secretary of the county election board for the purpose of conducting the election.  Notice of the election of city officers shall be in the manner provided by law for municipal elections.  All expenses for the election on the question of incorporation and the election of officers shall be paid by the county and reimbursed by the city when fully organized.

Added by Laws 1977, c. 256, § 4-106, eff. July 1, 1978.  Amended by Laws 1998, c. 357, § 2, eff. Jan. 1, 1999.

§114107.  Officers to be elected.

The officers to be elected shall be those provided by the laws governing the statutory form of city government which has been adopted.  These officers shall hold office until the next oddnumbered year, at which time the first regular municipal election shall be held in accordance with the form of government adopted, and until their successors are elected and qualified.

Laws 1977, c. 256, § 4107, eff. July 1, 1978.  

§115101.  City incorporating as a town  Procedure.

Any city may become an incorporated town.  A petition for a city to become an incorporated town shall be filed with the board of county commissioners of the county in which the city is located. The petition shall:

1.  Be in writing; and

2.  Be signed by at least thirtyfive percent (35%) of the registered voters of the city, as shown by the preceding general election.

The petition shall clearly express the desire of the petitioners to become incorporated as a town and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and that the signers of the petition are registered voters of the city.  The petition shall include:

1.  The name of the city and of the proposed town;

2.  The survey and plat of the city;

3.  The resident population according to the latest federal census or other census recognized by the laws of Oklahoma;

4.  The description and name of the proposed town wards; and

5.  Affidavits verifying the facts alleged in the petition.

Laws 1977, c. 256, § 5101, eff. July 1, 1978.  

§115102.  Order calling for election on question  Notice.

Within thirty (30) days after filing the petition for a city incorporating as a town, the board of county commissioners shall call for an election for the purpose of submitting to the registered voters of the city the question of whether or not such city shall become an incorporated town.  The order calling for the election shall name the date for the election and shall be submitted to the secretary of the county election board for the purpose of conducting the election.  The order shall be published in a newspaper of general circulation in the city for a period of at least twenty (20) days prior to the election.

Laws 1977, c. 256, § 5102, eff. July 1, 1978. 0

§115103.  Election on city incorporating as town  Ballots.

The election shall be conducted in accordance with applicable election laws.  A separate ballot shall be prepared for submitting the question of whether or not the city shall become an incorporated town.  The ballot shall be in substantially the following form:

Shall the City of _________ become an incorporated town and be known as the Town of ________?

( ) Yes.

( ) No.

Laws 1977, c. 256, § 5103, eff. July 1, 1978.  

§115104.  Certification of results  Order of incorporation  Notice of election of town officers  Fees and expenses.

The county election board shall canvass the returns of the election.  Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify to the board of commissioners the results of the election.  If a majority of the votes cast in the election are in favor of the city incorporating as a town, the board of commissioners shall, within twenty (20) days after receiving the result of the vote, issue an order declaring the town's incorporation and naming the date for the election of town officers.  Notice of the election of town officers shall be in the manner provided by law for municipal elections.  All expenses for the election on the question of incorporation and the election of officers shall be paid by the incorporated town.

Laws 1977, c. 256, § 5104, eff. July 1, 1978.

§115105.  Town officers to be elected.

The officers to be elected shall be those provided by law applicable to the town board of trustees form of government.  These officers shall hold office until the next oddnumbered year, at which time the first regular municipal election shall be held under the town board of trustees form of government as provided in Section 16206 of this title, and until their successors are elected and qualified.

Laws 1977, c. 256, § 5105, eff. July 1, 1978.  

§115106.  Indebtedness assumed by incorporated town.

All indebtedness of any nature, whether resulting from a bond issue or otherwise, shall be assumed by the incorporated town.

Laws 1977, c. 256, § 5106, eff. July 1, 1978.  

§116101.  Proposal for consolidation  Terms and conditions  Approval by governing bodies.

Any two or more municipalities lying adjacent to each other may consolidate and become one municipal corporation.  A proposal for consolidation shall be prepared by the governing body of a municipality when:

1.  A resolution of the governing body so directs; or

2.  A petition signed by at least twentyfive percent (25%) of the registered voters of the municipality, as shown by the preceding general election, is filed with the governing body.

The proposal shall then be submitted to the governing body of an adjacent municipality for its approval.  When the proposal is approved, the governing bodies of the municipalities to be consolidated, or their representatives, shall prepare the terms and conditions of the consolidation.  The terms and conditions of consolidation shall provide for the transition of officers and employees of each municipality which is to be consolidated.  If each governing body approves the terms of consolidation, it shall adopt a resolution declaring its approval and shall provide for an election on the question of consolidation.

Laws 1977, c. 256, § 6101, eff. July 1, 1978.  

§116102.  Ballots  Election on question.

The question submitted to the registered voters of each municipality shall be substantially in the following form:

Shall the municipalities of ______ and ______ (name of all municipalities to be consolidated) consolidate as the ______ (city or town) of ________ and be operated under the _____________ form of government?

( ) Yes.

( ) No.

If a majority of the votes cast in each municipality are in favor of consolidation, the governing body in each municipality shall declare, by ordinance, that the consolidation has been approved and shall proceed to consolidate under the terms of consolidation.  The consolidation and formation of the municipal corporation shall take effect on the date named in the terms and conditions.  Upon the effective date, the municipal corporation shall be governed by laws applicable to the form of government which has been adopted.

Laws 1977, c. 256, § 6102, eff. July 1, 1978.  

§116103.  Record of consolidation.

The order of each municipality declaring consolidation as a municipal corporation shall be recorded in the office of the county clerk in the county in which the situs of the consolidated municipal corporation is located and filed in the office of the Secretary of State and in the archives of the municipal corporation.

Laws 1977, c. 256, § 6103, eff. July 1, 1978.  

§116104.  Property and obligations after consolidation.

All real and personal property belonging to each municipality so consolidated, and all its notes, bonds, obligations, accounts, demands, evidences of debt, rights and franchises, books, records, maps and plats shall become the property of the consolidated municipal corporation.  Each municipality as it existed before consolidation shall remain liable for all its obligations and outstanding indebtedness which are due or become due on the day of the election on consolidation, and the property within such municipality shall be assessed to pay the obligations and indebtedness in the same manner as if a consolidation had not taken place.  In no event shall the consolidated municipal corporation be liable for obligations existing before consolidation unless expressly provided for by the terms and conditions of consolidation.

Laws 1977, c. 256, § 6104, eff. July 1, 1978.  

§117101.  Dissolution of municipality  Application  Notice of election on question.

An application for dissolution of a municipality shall be filed with the governing body of the municipality.  The application shall:  1.  Be in writing;

2.  Set forth the reasons for the request; and

3.  Be signed by not less than onethird of the registered voters residing in the municipality as shown by the preceding general election.

If the governing body of the municipality determines that the reasons for dissolution are good, it shall call for an election for the purpose of submitting to the registered voters of the municipality the question of whether or not the municipality should be dissolved.  Notice of the election shall be given by the governing body in the manner provided by law for municipal elections.

Laws 1977, c. 256, § 7101, eff. July 1, 1978.  

§117102.  Conduct of election  Results.

Registered voters of the municipality shall vote by ballot "yes" or "no" on the question of dissolution of the municipality. The election shall be conducted in accordance with applicable election laws.  If a majority of the votes are in favor of dissolution, and the votes have been cast by at least twofifths of the registered voters of the municipality (as shown by the preceding general election), a statement of the vote signed by the mayor, and attested by the clerk, shall be filed in the office of the county clerk in the county in which the situs of the municipality is located and in the office of the Secretary of State.  At the expiration of six (6) months from the date of the election on the question, the municipality shall cease to be a corporation.

Laws 1977, c. 256, § 7102, eff. July 1, 1978.  

§117103.  Disposition of property  Payment of debts and liabilities  Contract rights.

The property belonging to the dissolved municipality shall be used first to pay its debts and liabilities, and then disposed of in the manner as a majority of the registered voters of the municipality shall direct in a special election on the question of disposition of property.  No dissolution of an incorporated municipality shall impair the rights of any person in any contract or agreement to which the municipality is a party.

Laws 1977, c. 256, § 7103, eff. July 1, 1978.  

§117104.  Real property owned by municipality at time of dissolution.

If a municipality is the owner in fee simple of real property at the time it is dissolved, and this real property is thereafter brought within the boundaries of another existing incorporated municipality, the fee simple title of this real property will divest from the dissolved municipality and vest in the existing municipality.

Laws 1977, c. 256, § 7104, eff. July 1, 1978.  

§117105.  Involuntary dissolution  Grounds  Petition in district court.

The district attorney for the county in which the situs of the municipal government is located may petition for involuntary dissolution of a municipality when the government of a municipality ceases to function by reason of the following:

1.  General municipal elections have not been called in the municipality for two successive general municipal elections; or

2.  A majority of all the members of the governing body fail to qualify for two successive general municipal elections.

The petition requesting involuntary dissolution shall be filed in the district court in the county in which the situs of the municipality is located.  The petition shall state the facts which justify the request and shall set forth a detailed statement of the assets and liabilities of the municipality insofar as they can be ascertained.

Laws 1977, c. 256, § 7105, eff. July 1, 1978.  

§117106.  Involuntary dissolution  Notice of hearing.

Upon the filing of a petition for the involuntary dissolution of a municipality, the district court shall fix a date for a hearing on the request.  The date of the hearing shall be not less than thirty (30) days after the date of filing.  The district attorney for the county in which the situs of the municipal government is located shall give at least twenty (20) days' notice of the hearing by publication in a newspaper of general circulation in the municipality, and by posting copies of the notice in five (5) of the most public places in the municipality.  The notice shall state the purpose of the petition and the date and place of the hearing.

Laws 1977, c. 256, § 7106, eff. July 1, 1978.  

§117107.  Involuntary dissolution  Hearing and order.

Any person owning property in or registered to vote in the municipality may appear at the hearing and give testimony for or against dissolution of the municipality.  If the court finds that the government of the municipality has ceased to function because of the reasons listed in Section 7105 of this title, it shall enter an order for dissolution of the municipality.  The order of the court shall state when the dissolution shall take effect and appoint a receiver, if necessary, to wind up the affairs of the municipality and dispose of its property.  A record of dissolution shall be filed in the manner provided for voluntary dissolution.

Laws 1977, c. 256, § 7107, eff. July 1, 1978.  

§118101.  Qualifications for elected office.

A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all councilmembers or trustees from wards shall be actual residents of their respective wards.  If an elected official ceases to be a resident of the municipality, he shall thereupon cease to be an elected official of that municipality.

Laws 1977, c. 256, § 8101, eff. July 1, 1978.  

§118102.  Term of office.

Unless otherwise provided for by law, the term of office of an elected municipal official shall be four (4) years.  The term of office of an elected official shall begin at 12:00 noon on the second Monday following the general municipal election, and such official shall serve until his successor is elected and qualified. If a newly elected official does not qualify within thirty (30) days after his term of office begins, the office shall become vacant and shall be filled in the manner provided by law.  In order to complete the unexpired term, the office of an official who is holding over shall be filled at the next general election in compliance with the provisions of Sections 16101 through 16213 of this title.

Amended by Laws 1984, c. 126, § 4, eff. Nov. 1, 1984.  

§118103.  Oath of office.

Any officer, elected or appointed, before entering upon the duties of his office, shall take and subscribe to the oath or affirmation of office prescribed by the Oklahoma Constitution.  The oath or affirmation shall be filed in the office of the municipal clerk.

Laws 1977, c. 256, § 8103, eff. July 1, 1978.  

§118104.  Who may administer oaths.

All officers authorized by state law, the mayor, the municipal clerk, the city manager, the municipal judge or judges and such other officers as the municipal governing body may authorize, may administer oaths and affirmations in any matter pertaining to the affairs and government of the municipality.

Laws 1977, c. 256, § 8104, eff. July 1, 1978.  

§118105.  Certain officers to give bond.

The municipal governing body shall require the municipal treasurer, any officer or employee designated by ordinance to sign municipal warrants or municipal checks, and any other officers and employees as the governing body may designate by ordinance, to give bond for the faithful performance of his duties within ten (10) days after his election or appointment, in such amount and form as the governing body shall prescribe.  The municipality shall pay the premiums on such bonds.

Laws 1977, c. 256, § 8105, eff. July 1, 1978; Laws 1992, c. 371, § 1, eff. July 1, 1992.

§118106.  Nepotism  Dual office holding.

No elected or appointed official or other authority of the municipal government shall appoint or elect any person related by affinity or consanguinity within the third degree to any governing body member or to himself or, in the case of a plural authority, to any one of its members to any office or position of profit in the municipal government.  The provisions of this section shall not prohibit an officer or employee already in the service of the municipality from continuing in such service or from promotion therein. A person may hold more than one office or position in a municipal government as the governing body may ordain.  A member of the governing body shall not receive compensation for service in any municipal office or position other than his elected office.

Amended by Laws 1984, c. 126, § 5, eff. Nov. 1, 1984.  

§118107.  Removal of officers.

A municipal elected official may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby.

Laws 1977, c. 256, § 8107, eff. July 1, 1978.  

§118108.  Absence from governing body meetings.

Whenever a member of the municipal governing body is absent from more than onehalf of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.

Laws 1977, c. 256, § 8108, eff. July 1, 1978.  

§118109.  Vacancies in office.

A.  When a vacancy occurs in an office of an elected municipal official except the mayor, the governing body shall appoint, by a majority vote of the remaining members, a person to fill the vacancy until the next general municipal election, or the next biennial town meeting if the municipality is subject to the Oklahoma Town Meeting Act, Section 16301 et seq. of this title, and to serve until a successor is elected and qualified.  Any vacancy shall then be filled at the next general municipal election or biennial town meeting by election of a person to complete the balance of any unexpired term. If the vacancy has not been filled within sixty (60) days after it occurs, the governing body shall call for a special election or a special town meeting for the purpose of filling the vacancy for the duration of the unexpired term unless said vacancy occurs or said election would occur within one hundred twenty (120) days prior to the first day of the filing period for the next general municipal election or within one hundred twenty (120) days prior to the next biennial town meeting. If a vacancy is not filled by the special election or at a special town meeting, it shall be filled by appointment as provided for in this subsection.

B.  If a majority of the offices of a governing body become vacant more than sixty (60) days before the beginning of a regular filing period for general municipal elections or more than sixty (60) days before the biennial town meeting, the remaining members of the governing body shall call for a special election or a special town meeting, if the municipality is subject to the Oklahoma Town Meeting Act, to be held as soon as possible in the municipality for the purpose of filling all vacant offices for the remainder of their unexpired terms if the election or town meeting can be held more than sixty (60) days before the beginning of the filing period for the general election or more than sixty (60) days before the next biennial town meeting.  The remaining members of the governing body may pay claims in accordance with Section 17102 of this title and, when necessary to avoid financial loss or injury to a person or property, may take any action otherwise authorized for the governing body except the enactment of an ordinance.

C.  If all the offices of the governing body become vacant, the municipal clerk or acting municipal clerk shall be the interim mayor until a member of the governing body is elected and qualified.  If there is no municipal clerk or acting municipal clerk in office, the municipal treasurer shall serve as interim mayor and acting municipal clerk.  If there is no municipal officer in office, the Governor may appoint a registered voter of the municipality as interim mayor and acting municipal clerk.  The appointed interim mayor shall give bond for the faithful performance of his duties within ten (10) days after his appointment.  The municipality shall pay the premium on the bond.

D.  The interim mayor shall exercise the authority of the governing body for only those purposes set out in this section.

1.  Within five (5) days of the occurrence of the last vacancy, the interim mayor shall call a special election or a special town meeting, if the municipality is subject to the provisions of the Oklahoma Town Meeting Act, for the purpose of filling the unexpired terms in accordance with subsection B of this section.  If all of the offices of the governing body become vacant sixty (60) days or less before the beginning of a regular filing period for general elections or sixty (60) days or less before the next biennial town meeting, the interim mayor shall call the regular general election or the biennial town meeting, whichever is appropriate.  If the interim mayor fails or refuses to call an election or town meeting, whichever is appropriate, the board of county commissioners of the county in which the municipality is located shall call the election or town meeting.  The county sheriff, or his deputy, shall attend any town meeting called by the board of county commissioners and, if the interim mayor fails to conduct the meeting, shall moderate the meeting.  The interim mayor or the sheriff or deputy who is moderating the meeting is authorized to appoint a registered voter of the municipality to take the minutes of the meeting.  If the vacancies are not filled by the election or town meeting called for the purpose, the Governor may appoint registered voters of the municipality to fill the vacancies without regard to wards for the balance of the unexpired term.

2.  The interim mayor may pay claims in accordance with subsection C of Section 17102 of this title.  The interim mayor shall submit a list of such payments to the governing body of the municipality no later than the second regular meeting after the vacancies are filled.

E.  To be eligible for appointment to fill a vacancy in an elected municipal office a person must meet the same qualifications required for filing a declaration for candidacy for that office.

Amended by Laws 1984, c. 126, § 6, eff. Nov. 1, 1984; Laws 1988, c. 105, § 16, eff. Nov. 1, 1988; Laws 1989, c. 255, § 1, emerg. eff. May 19, 1989.  

§11-8-110.  Candidacy of municipal officer for county or state office - Resignation.

Any member of a municipal governing body, the city or town clerk, and the city marshal shall be eligible to become a candidate for a county or state office without resigning from the office held by the officer.

Added by Laws 1977, c. 256, § 8-110, eff. July 1, 1978.  Amended by Laws 2004, c. 47, § 1.

§118111.  Abstinence in voting in certain meetings.

If a member of the governing body of a municipality abstains from voting, he shall be deemed to have cast a negative vote, which shall be recorded in the minutes.

Added by Laws 1984, c. 126, § 7, eff. Nov. 1, 1984.  

§118112.  Resignation of municipal officer.

A municipal officer may resign by submitting his written resignation to the governing body of the municipality, to the remaining members of the municipal governing body if some positions are vacant, to the interim mayor or, if all positions of the governing body will become vacant upon the resignation, to the board of county commissioners of the county in which the municipality is located.  Delivery of the written resignation to the governing body during a public meeting of such body or to the municipal clerk by mail or personal delivery during regular office hours shall constitute submission of the resignation to the municipal governing body.  Delivery of the written resignation to the board of county commissioners during a public meeting of the commissioners or to the county clerk by mail or hand delivery during regular office hours shall constitute submission of the resignation to the board of county commissioners.  A resignation submitted by a municipal officer may be withdrawn in writing at any time prior to the effective date stated in the resignation.  If no effective date is stated, the resignation shall be effective immediately.  Acceptance by the governing body shall not be required for the resignation to be effective.

Added by Laws 1984, c. 126, § 8, eff. Nov. 1, 1984. Amended by Laws 1988, c. 105, § 17, eff. Nov. 1, 1988.  

§11-8-113.  Certain officers and employees prohibited from conducting certain business with municipality - Exception for municipalities under 2,500 - Definitions - Violations - Employees of financial institutions.

A.  Except as otherwise provided by this section, no municipal officer or employee, or any business in which the officer, employee, or spouse of the officer or employee has a proprietary interest, shall engage in:

1.  Selling, buying, or leasing property, real or personal, to or from the municipality;

2.  Contracting with the municipality; or

3.  Buying or bartering for or otherwise engaging in any manner in the acquisition of any bonds, warrants, or other evidence of indebtedness of the municipality.

B.  The provisions of this section shall not apply to any officer or employee of any municipality of this state with a population of not more than two thousand five hundred (2,500) according to the latest Federal Decennial Census, who has a proprietary interest in a business which is the only business of that type within ten (10) miles of the corporate limits of the municipality.  However, any activities permitted by this subsection shall not exceed Five Hundred Dollars ($500.00) for any single activity and shall not exceed Ten Thousand Dollars ($10,000.00) for all activities in any calendar year.

C.  For purposes of this section, "employee" means any person who is employed by a municipality more than ten (10) hours in a week for more than thirteen (13) consecutive weeks and who enters into, recommends or participates in the decision to enter into any transaction described in subsection A of this section.  Any person who receives wages, reimbursement for expenses, or emoluments of any kind from a municipality, any spouse of the person, or any business in which the person or spouse has a proprietary interest shall not buy or otherwise become interested in the transfer of any surplus property of a municipality or a public trust of which the municipality is beneficiary unless the surplus property is offered for sale to the public after notice of the sale is published.

D.  For purposes of this section, "proprietary interest" means ownership of more than twenty-five percent (25%) of the business or of the stock therein or any percentage which constitutes a controlling interest but shall not include any interest held by a blind trust.

E.  Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor.  Any transaction entered into in violation of the provisions of this section is void.  Any member of a governing body who approves any transaction in violation of the provisions of this section shall be held personally liable for the amount of the transaction.

F.  Notwithstanding the provisions of this section, any officer, director or employee of a financial institution may serve on a board of a public body.  Provided, the member shall abstain from voting on any matter relating to a transaction between or involving the financial institution in which they are associated and the public body in which they serve.

Added by Laws 1984, c. 126, § 9, eff. Nov. 1, 1984.  Amended by Laws 1985, c. 5, § 1, emerg. eff. March 5, 1985; Laws 1995, c. 118, § 1, eff. Nov. 1, 1995; Laws 1996, c. 341, § 1, eff. Nov. 1, 1996; Laws 2004, c. 68, § 1, emerg. eff. April 7, 2004.

§11-8-114.  Institute - Statewide organization to conduct.

A.  Each person elected for the first time to a position of a municipality on or after January 1, 2005, shall be required within one year after taking the oath of office to attend an institute for municipal officials.  The Institute shall be conducted at all times, in cooperation with the Oklahoma Department of Career and Technology Education, by or under the supervision of a statewide organization that is exempt from taxation under federal law and designated pursuant to the provisions of the Internal Revenue Code, 26 U.S.C., Section 170(a).  The statewide organization shall demonstrate to the Oklahoma Department of Career and Technology Education that it has represented municipalities, had statutory functions and conducted training programs for municipalities for at least fifteen (15) years prior to the effective date of this act.  It shall further demonstrate that its continuous official purpose is to promote the general welfare of cities and towns, to foster or conduct schools, short courses and other training sessions, to provide technical assistance and consultive services and other aids for the improvement and increased efficiency of city and town government, and to serve as the representative of cities and towns in carrying out the duties and prerogatives conferred on it by state law.

B.  The Institute shall consist of eight (8) hours of instruction.  A certificate of completion shall be awarded to those persons who attend and successfully complete the Institute and a list of those persons shall be filed with the Oklahoma Department of Career and Technology Education.

C.  The curriculum for the Institute shall include, but not be limited to:  municipal budget requirements, the Oklahoma Open Meeting Act, the Oklahoma Open Records Act, ethics, procedures for conducting meetings, conflict of interest, and purchasing procedures.

D.  The Institute shall be held at a minimum of six regional locations in the state.  Every effort shall be made by the Institute to accommodate training through long-distance learning.

E.  A person elected to a municipal position who fails to satisfy the education requirements of this section shall cease to hold the position commencing at the next scheduled meeting of the governing body following the first year anniversary of the person's taking the oath of office.

F.  At the time of filing, the designated statewide organization shall provide the necessary information to the candidate of the option for attendance at the Institute as provided for in this section.  In the case of officials nominated and elected for municipal offices at town meetings, the presiding officer of the town meeting shall notify the candidate of the option.

Added by Laws 2005, c. 147, § 1, eff. Nov. 1, 2005.

§119101.  Statutory aldermanic form of government.

The form of government provided by Sections 9101 through 9118 of this title shall be known as the statutory aldermanic form of city government.  Cities governed under the statutory aldermanic form shall have all the powers, functions, rights, privileges, franchises and immunities granted, or which may be granted, to cities.  Such powers shall be exercised as provided by law applicable to cities under the aldermanic form, or if the manner is not thus prescribed, then in such manner as the governing body may prescribe.

Laws 1977, c. 256, § 9101, eff. July 1, 1978.  

§119102.  Governing body.

The governing body of a statutory aldermanic city shall consist of the mayor, who is elected at large, and one or two councilmembers from each ward of the city.  The governing body may submit to the voters the question of whether one or two councilmembers shall be elected from each ward.  If approved, the change shall become effective for the next regular municipal election which shall be conducted in accordance with the provisions of Section 16202 or 16204 of this title, whichever is applicable.

Amended by Laws 1984, c. 126, § 10, eff. Nov. 1, 1984.  

§119103.  Qualifications of governing body members.

The governing body members shall be residents and registered voters of the city, and the councilmembers from wards shall be actual residents of their respective wards.  Removal of a councilmember from the ward for which he was elected shall cause a vacancy in the office of that councilmember.

Laws 1977, c. 256, § 9103, eff. July 1, 1978.  

§119104.  Mayor  Duties as president of council.

The mayor shall preside at meetings of the council, and shall certify to the correct enrollment of all ordinances and resolutions passed by it.  The mayor is not considered a member of the council for quorum or voting purposes; except that he may vote on questions under consideration by the council only when the council is equally divided.

Laws 1977, c. 256, § 9104, eff. July 1, 1978.  

§119105.  Mayor Duties as chief executive officer.

The mayor shall be chief executive officer of the administrative branch of the government of the city.  The mayor shall be recognized as the head of the city government for all ceremonial purposes and by the Governor for purposes of military law.  The mayor shall:

1.  appoint, subject to confirmation by the city council, a city attorney and all heads or directors of administrative departments including members of boards and commissions and shall appoint all other administrative officers and employees of the city; and

2.  sign the commissions and appointments of all officers, elected or appointed; and

3.  remove or suspend city officers or employees against whom charges of incompetency, neglect, or violation of duty are made, until such time as the council shall take action on the charges; and  4.  supervise and control all administrative departments, agencies, officers, and employees, act promptly on a charge of neglect or violation of duty of any officer or employee, and require any officer to account for and report to the council in writing on any subject pertaining to the duties, powers, or functions of the officer when the mayor deems necessary; and

5.  prepare a budget annually and submit it to the council. The mayor shall be responsible for the administration of the budget after it goes into effect; and

6.  keep the council advised of the financial condition and future needs of the city.  The mayor shall submit to the council a report after the end of the fiscal year on the finances and administrative activities of the city for the preceding year; and

7.  make recommendations to the council of measures for the wellbeing of the city; and

8.  enforce the city ordinances; and

9.  grant pardons for violation of city ordinances, including the remission of fines and costs, subject to the approval of the council.  Said approval may only be given at a meeting of the council after the reasons and order of remission or pardon have been entered on the journal; and

10.  have such other powers, duties, and functions as may be prescribed by law or by ordinance.

Amended by Laws 1984, c. 126, § 11, eff. Nov. 1, 1984.  

§119106.  Mayor  Signing ordinances  Veto power.

The mayor may sign or veto any city ordinance or resolution passed by the city council.  Any ordinance or resolution vetoed by the mayor may be passed over his veto by a vote of twothirds (2/3) of all the members of the council.  If the mayor neglects or refuses to sign any ordinance or return it with his objections in writing at the next regular meeting of the council, the ordinance shall become law without his signature.

Laws 1977, c. 256, § 9106, eff. July 1, 1978.  

§119107.  Election of council president  Duties.

The council shall elect from among its members a president of the city council.  The council president shall be elected in each oddnumbered year at the first council meeting held after council terms begin, or as soon thereafter as practicable, and he shall serve until his successor has been elected and qualified.  The council president shall act as mayor during the absence, disability or suspension of the mayor.  He shall preside at all meetings of the council in the absence of the mayor and while presiding in the place of the mayor, he shall have all the powers, rights, privileges and duties as other members of the council.  In the absence of the mayor and the council president, the council shall elect from among its members an acting president of the city council to occupy the position temporarily.

Laws 1977, c. 256, § 9107, eff. July 1, 1978.  

§119108.  Powers vested in council  Designated powers.

Except as otherwise provided in this article, all powers of a statutory aldermanic city, including the determination of matters of policy, shall be vested in the council.  Without limitation of the foregoing, the council may:

1.  Enact municipal legislation subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

2.  Raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

3.  Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs, or authorize and provide for such inquiries; and

4.  Create, change and abolish offices, departments and agencies other than those established by law; assign additional functions and duties to offices, departments and agencies established by this article; and define the duties, powers and privileges of all officers which are not defined by this article.

Laws 1977, c. 256, § 9108, eff. July 1, 1978.  

§119109.  Council  Meetings.

The council shall meet regularly at least monthly at such times as it may prescribe by ordinance or otherwise.  The mayor or any three (3) councilmembers may call special meetings.  The call for special meetings must be in writing and specify the subjects to be considered.  No business other than that specified in the call shall be transacted at the special meeting.

Laws 1977, c. 256, § 9109, eff. July 1, 1978.  

§119110.  Council  Quorum  Rules and voting.

A majority of all the members of the council shall constitute a quorum to do business, but a smaller number may adjourn from day to day.  The council shall determine its own rules, and may compel the attendance of absent members in the manner and under penalties as the council may prescribe.

Laws 1977, c. 256, § 9110, eff. July 1, 1978.  

§119111.  Vacancy in the office of mayor.

When a vacancy occurs in the office of the mayor less than ninety (90) days before the next regular municipal election, the president of the city council shall act as mayor until the next regular municipal election, at which time the registered voters of the city shall elect a person to fill any unexpired term, and until a mayor is elected and qualified for office.  If the vacancy in the mayor's office occurs more than ninety (90) days before the next regular municipal election, the acting mayor shall cause a special election to be held for the purpose of electing a mayor for the duration of the unexpired term.  The acting mayor shall be entitled to receive the same compensation as the mayor would be entitled to.

Laws 1977, c. 256, § 9111, eff. July 1, 1978.  

§119112.  City clerk  Creation and duties  Compensation.

The city clerk shall be an officer of the city.  The clerk shall serve as clerk for the council. The city clerk shall:

1.  keep the journal of the proceedings of the city council; and

2.  enroll all ordinances and resolutions passed by the council in a book or set of books kept for that purpose; and

3.  have custody of documents, records, and archives, as may be provided for by law or by ordinance, and have custody of the seal of the city; and

4.  attest and affix the seal of the city to documents as required by law or by ordinance; and

5.  have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance. The person who serves as city clerk may be employed by the city to perform duties not related to his position as city clerk.  The salary, if any, for said duties shall be provided for separately by ordinance.

Amended by Laws 1984, c. 126, § 12, eff. Nov. 1, 1984.  

§119113.  City treasurer  Creation and duties  Compensation.

The city treasurer shall be an officer of the city.  Subject to such regulations as the council may prescribe, the city treasurer shall deposit daily funds received for the city in depositories as the council may designate.  The city treasurer shall have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance.  The person who serves as city treasurer may be employed by the city to perform duties not related to his position as city treasurer.  The salary, if any, for said duties shall be provided for separately by ordinance.

Amended by Laws 1984, c. 126, § 13, eff. Nov. 1, 1984.  

§119114.  Marshal and street commissioner.

There shall be one marshal and one street commissioner, who shall be officers of the city.  The marshal may be the chief of police.  The marshal shall have such powers, duties, and functions as may be prescribed by law or by ordinance.  The street commissioner may be the head of the street department.  The street commissioner shall have such powers, duties, and functions as may be prescribed by law or by ordinance.

Amended by Laws 1984, c. 126, § 14, eff. Nov. 1, 1984.  

§119115.  Merger or consolidation of city offices.

The governing body may combine, merge, or consolidate by ordinance any of the various offices of city government as it deems necessary and convenient for the administration of the affairs or government of the city.  Any consolidation of elected city offices shall go into effect at the end of the term of office of those officers whose offices are consolidated or when a vacancy occurs in one of the offices to be consolidated.  An ordinance consolidating offices must be enacted at least thirty (30) days prior to the date of the next municipal primary election.

Amended by Laws 1984, c. 126, § 15, eff. Nov. 1, 1984.  

§11-9-116.  Compensation of elective officers.

The compensation of all elective city officers shall be fixed by ordinance.

Added by Laws 1977, c. 256, § 9-116, eff. July 1, 1978.  Amended by Laws 1996, c. 79, § 1, eff. Nov. 1, 1996.

§119117.  Appointments and removals.

Appointments and promotions in the service of a statutory aldermanic city shall be made solely on the basis of merit and fitness.  Removals, demotions, suspensions, and layoffs shall be made solely for the good of the service.  The council may suspend for cause, by a majority vote of all its members, any officer of the city except the mayor.  The council by ordinance may establish a system for appointment and removal of employees on the basis of merit.  After the council establishes a merit system, it shall adopt regulations governing the organization and functioning of the system, and for the regulation of personnel matters.  The ordinance establishing the merit system may not be repealed except upon the approval of a majority of the registered voters voting on the question at a special or general election in the city.

Amended by Laws 1984, c. 126, § 16, eff. Nov. 1, 1984.  

§119118.  City officials and employees  Suspension or removal  Successors.

An appointed officer or employee may be suspended, demoted, laid off or removed by the mayor.  Where appeal procedures have not been established by ordinance, the officer or employee may appeal the action to the city council.  The appeal shall be in writing and shall be filed with the clerk of the council within ten (10) days after the effective date of the layoff, suspension, demotion or removal.  The council may affirm, reverse or modify the mayor's decision.  The mayor may appoint a person to act during the temporary absence, disability or suspension of such officer or employee, or, in the case of a vacancy, until a successor is appointed and qualified.

Laws 1977, c. 256, § 9118, eff. July 1, 1978.  

§1110101.  Statutory councilmanager form of government.

The form of government provided by Sections 10101 through 10121 of this title shall be known as the statutory councilmanager form of city government.  Cities governed under the statutory councilmanager form shall have all the powers, functions, rights, privileges, franchises and immunities granted, or which may be granted, to cities.  Such powers shall be exercised as provided by law applicable to cities under the statutory councilmanager form, or if the manner is not thus prescribed, then in such manner as the council may prescribe.

Laws 1977, c. 256, § 10101, eff. July 1, 1978.  

§1110102.  Governing body.

The governing body of a statutory councilmanager city shall consist of one (1) councilmember from each ward of the city and one (1) councilmember at large.

Laws 1977, c. 256, § 10102, eff. July 1, 1978.  

§1110103.  Qualifications of councilmembers.

The councilmembers shall be residents and registered voters of the city.  The councilmembers from wards shall be actual residents of their respective wards at the time of their candidacy and election; but removal of a councilmember from one ward to another within the city after his election, or a change in ward boundaries, shall not disqualify him from completing the term for which he was elected.

Laws 1977, c. 256, § 10103, eff. July 1, 1978.  

§1110104.  Election of mayor and vicemayor.

The council shall elect from among its members a mayor and a vicemayor.  The mayor and vicemayor shall be elected in each oddnumbered year at the first council meeting held after council terms begin, or as soon thereafter as practicable, and they shall serve until their respective successors have been elected and qualified.

Laws 1977, c. 256, § 10104, eff. July 1, 1978.  

§11-10-105.  Duties of mayor and vice-mayor.

The mayor shall preside at meetings of the council, and shall certify to the correct enrollment of all ordinances and resolutions passed by it.  He shall be recognized as head of the city government for all ceremonial purposes and by the Governor for purposes of military law.  He shall have no regular administrative duties except that he shall sign all conveyances and other written obligations of the city as the council may require.  The vice-mayor shall act as mayor during the absence, disability or suspension of the mayor.

Laws 1977, c. 256, § 10-105, eff. July 1, 1978.

§1110106.  Powers vested in council  Designated powers.

All powers of a statutory councilmanager city, including the determination of matters of policy, shall be vested in the council. Without limitation of the foregoing, the council may:

1.  Appoint and remove the city manager as provided by law;

2.  Enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

3.  Raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

4.  Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs, or authorize and provide for such inquiries;

5.  Appoint or elect and remove its own subordinates, members of commissions and boards and other quasilegislative or quasijudicial officers as provided by law, or prescribe the method of appointing or electing and removing them;

6.  Create, change and abolish offices, departments and agencies other than those established by law, and assign additional functions and duties to offices, departments and agencies established by this article; and

7.  Grant pardons for violations of municipal ordinances, including the remission of fines and costs, upon the recommendation of the municipal judge.

Laws 1977, c. 256, § 10106, eff. July 1, 1978.  

§1110107.  Limitation of council authority to act through city manager.

Except for the purposes of inquiry, the council and its members shall deal with the administrative service of the city solely through the city manager.  The council and its members may not:

1.  Direct or request the city manager or other authority to appoint or remove officers or employees;

2.  Participate in any manner in the appointment or removal of officers and employees of the city, except as provided by law; or

3.  Give orders on ordinary administrative matters to any subordinate of the city manager either publicly or privately.

Laws 1977, c. 256, § 10107, eff. July 1, 1978.  

§1110108.  Council  Meetings.

The council shall meet regularly at least monthly at such times as it may prescribe by ordinance or otherwise.  The mayor or any three councilmembers may call special meetings.

Laws 1977, c. 256, § 10108, eff. July 1, 1978.  

§1110109.  Council  Quorum  Rules and voting.

A majority of all the members of the council shall constitute a quorum, but a smaller number may adjourn from day to day.  The council shall determine its own rules.

Laws 1977, c. 256, § 10109, eff. July 1, 1978.  

§1110110.  Vacancy in the office of mayor or vicemayor.

When a vacancy occurs in the office of mayor, the vicemayor shall become the mayor for the duration of the unexpired term.  When a vacancy occurs in the office of vicemayor, the council shall elect another vicemayor from among its members for the duration of the unexpired term.

Laws 1977, c. 256, § 10110, eff. July 1, 1978.  

§11-10-111.  Compensation of elective officers.

The compensation of all elective city officers shall be fixed by ordinance.

Added by Laws 1977, c. 256, § 10-111, eff. July 1, 1978.  Amended by Laws 1996, c. 79, § 2, eff. Nov. 1, 1996.

§11-10-112.  City manager - Appointment by council.

The council shall appoint a city manager for an indefinite term by a vote of a majority of all its members.  It shall choose the city manager solely on the basis of executive and administrative qualifications with special reference to the actual experience in, or the knowledge of, accepted practice in respect to the duties of the office.  At the time of appointment, the city manager need not be a resident of the city or state; but during the tenure of holding office the city manager shall reside within the city.  City managers may appoint themselves, or the council or other authority may appoint or elect the city manager, to other offices and positions in the city government, subject to regulations prescribed by ordinance; but the city manager may not receive compensation for service in such other offices or positions.  Neither the mayor nor any members of the city council may be appointed city manager during the term for which they shall have been elected nor within two (2) years after they cease to hold such office.

Added by Laws 1977, c. 256, § 10-112, eff. July 1, 1978.  Amended by Laws 2005, c. 386, § 1, eff. Nov. 1, 2005.

§1110113.  City manager  Duties.

The city manager shall be the chief executive officer and head of the administrative branch of the city government.  He shall execute the laws and administer the government of the city, and shall be responsible therefor to the council.  He shall:

1.  Appoint, and when necessary for the good of the service, remove, demote, lay off or suspend all heads of administrative departments and other administrative officers and employees of the city except as otherwise provided by law.  The manager or the council by ordinance may authorize the head of a department, office or agency to appoint and remove the subordinates in such department, office or agency;

2.  Supervise and control all administrative departments, officers and agencies;

3.  Prepare a budget annually and submit it to the council and be responsible for the administration of the budget after it goes into effect; and recommend to the council any changes in the budget which he deems desirable;

4.  Submit to the council a report after the end of the fiscal year on the finances and administrative activities of the city for the preceding year;

5.  Keep the council advised of the financial condition and future needs of the city, and make recommendations as he deems desirable; and

6.  Perform such other duties as may be prescribed by law or by ordinance.

Laws 1977, c. 256, § 10114, eff. July 1, 1978.  

§1110114.  Designation of acting city manager.

The city manager, by letter filed with the city clerk, may appoint a qualified administrative officer of the city to be acting city manager during the temporary absence or disability of the city manager.  The council may appoint an acting city manager whenever:

1.  The manager fails to make such designation;

2.  The council suspends the city manager; or

3.  There is a vacancy in the office of city manager.

Laws 1977, c. 256, § 10114, eff. July 1, 1978.  

§1110115.  Suspension or removal of city manager.

The council may suspend or remove the city manager or acting city manager at any time by a vote of a majority of all its members.

Laws 1977, c. 256, § 10115, eff. July 1, 1978.  

§1110116.  Purchases and sales by city manager  Competitive bidding  Transfer of manager's powers.

A.  The city manager shall contract for, purchase, or issue purchase authorizations for all supplies, materials, and equipment for offices, departments, and agencies of the city government, subject to any regulations which the council may prescribe.  Every contract or purchase exceeding an amount to be established by the council shall require the prior approval of the council.  The city manager may also sell or transfer to or between offices, departments, and agencies surplus or obsolete supplies, materials, and equipment, subject to regulations the council may prescribe.

B.  The council may prescribe requirements and procedures for competitive bidding.  Notice and opportunity for competitive bidding shall be given before a purchase or contract for supplies, materials, or equipment is made, and before a sale of any surplus or obsolete supplies, materials, or equipment is made, in accordance with regulations the council may prescribe.  The council shall not exempt a particular contract, purchase, or sale from the requirement of competitive bidding.

C.  The council may transfer some or all of the power granted to the city manager pursuant to the provisions of this section to an employee appointed by and subordinate to the city manager.

Amended by Laws 1984, c. 126, § 17, eff. Nov. 1, 1984.  

§1110117.  City clerk  Creation and duties  Compensation.

The city clerk shall be an officer of the city, appointed by the city manager for an indefinite term.  The city clerk shall serve as clerk for the council.  Subject to regulations the council may prescribe, the city clerk shall:

1.  keep the journal of the proceedings of the council; and

2.  enroll all ordinances and resolutions passed by the council in a book or set of books kept for that purpose; and

3.  have custody of documents, records, and archives, as may be provided for by law or by ordinance, and have custody of the seal of the city; and

4.  attest and affix the seal of the city to documents as required by law or by ordinance; and

5.  have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance. The person who serves as city clerk may be employed by the city to perform duties not related to his position as city clerk.  The salary, if any, for said duties shall be provided for separately by ordinance.

Laws 1977, c. 256, § 10-117, eff. July 1, 1978; Laws 1984, c. 126, § 18, eff. Nov. 1, 1984.

§1110118.  City treasurer  Creation and duties  Compensation.

The city treasurer shall be an officer of the city, appointed by the council for an indefinite term.  The council may provide by ordinance that the same person may hold both the office of city clerk and the office of city treasurer.  Subject to such regulations as the council may prescribe, the city treasurer shall deposit daily funds received for the city in depositories as the council may designate.  The city treasurer shall have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance. The person who serves as city treasurer may be employed by the city to perform duties not related to his position as city treasurer.  The salary, if any, for said duties shall be provided for separately by ordinance.

Amended by Laws 1984, c. 126, § 19, eff. Nov. 1, 1984.  

§1110119.  Departments included in councilmanager government.

In a statutory councilmanager city, there shall be a police department, a fire department, a department of law headed by a city attorney, and other administrative departments, offices and agencies as the council may establish.

Laws 1977, c. 256, § 10119, eff. July 1, 1978.  

§1110120.  Appointments and removals.

Appointments and promotions in the service of a statutory councilmanager city shall be made solely on the basis of merit and fitness; and removals, demotions, suspensions, and layoffs shall be made solely for the good of the service.  The council by ordinance may establish a merit system and provide for its organization and functioning, and provide for personnel administration and regulation of personnel matters.

Laws 1977, c. 256, § 10120, eff. July 1, 1978.  

§1110121.  City officials and employees  Suspension or removal  Successors.

An officer or employee may be suspended, demoted, laid off or removed by the city manager or other authority which has the power to appoint or elect the officer or employee.  The city manager or other authority which has the power to appoint or elect the successor of an officer or employee may appoint or elect a person to act during the temporary absence, disability or suspension of such officer or employee, or, in the case of a vacancy, until a successor is appointed or elected and qualified.  The council may ordain that a particular superior or subordinate or deputy of such officer or employee shall act in such cases.

Laws 1977, c. 256, § 10121, eff. July 1, 1978.  

§1111101.  Strongmayorcouncil form of government.

The form of government provided by Sections 11101 through 11125 of this title shall be known as the statutory strongmayorcouncil form of city government. Cities governed under the statutory strongmayorcouncil form shall have all the powers, functions, rights, privileges, franchises and immunities granted, or which may be granted, to cities.  Such powers shall be exercised as provided by law applicable to cities under the statutory strongmayorcouncil form, or if the manner is not thus prescribed, then in such manner as the council may prescribe.

Laws 1977, c. 256, § 11101, eff. July 1, 1978.  

§1111102.  Governing body.

The governing body of a statutory strongmayorcouncil city shall consist of the mayor, who is elected at large, and one (1) councilmember from each ward of the city.  The mayor shall serve as ex officio councilmember at large.

Laws 1977, c. 256, § 11102, eff. July 1, 1978.

§1111103.  Qualifications of governing body members.

The governing body members shall be residents and registered voters of the city.  The councilmembers from wards shall be actual residents of their respective wards at the time of their candidacy and election; but removal of a councilmember from one ward to another within the city after his election, or a change in ward boundaries, shall not disqualify him from completing the term for which he was elected.

Laws 1977, c. 256, § 11103, eff. July 1, 1978.  

§1111104.  Election of vicemayor  Duties.

The council shall elect from among its members a vicemayor. The vicemayor shall be elected in each oddnumbered year at the first council meeting held after council terms begin, or as soon thereafter as practicable, and he shall serve until his successor has been elected and qualified.  The vicemayor shall act as mayor during the absence, disability or suspension of the mayor.  During the absence, disability or suspension of both the mayor and vicemayor, the council may elect an acting mayor from among its members to serve as mayor.

Laws 1977, c. 256, § 11104, eff. July 1, 1978.  

§1111105.  Mayor  Duties as president of council  Temporary council president.

A.  The mayor shall preside at meetings of the council and shall certify to the correct enrollment of all ordinances and resolutions passed by it.  As councilmember at large, he shall have all the powers, rights, privileges, duties and responsibilities of a councilmember, including the right to vote on questions.

B.  The council may elect any councilmember to preside as temporary president of the council whenever it deems that the mayor has a personal interest in a matter under consideration, or it deems that the mayor is not properly performing his duties as presiding officer.  Such temporary president may certify to the correct enrollment of ordinances and resolutions passed while he is presiding.

Laws 1977, c. 256, § 11105, eff. July 1, 1978.  

§1111106.  Mayor  Duties as chief executive officer.

The mayor shall be chief executive officer and head of the administrative branch of the city government.  He shall execute the laws and ordinances, and administer the government of the city.  He shall be recognized as the head of the city government for all ceremonial purposes and by the Governor for purposes of military law.  He shall:

1.  Appoint, and when necessary for the good of the service, remove, demote, lay off, or suspend all heads or directors of administrative departments and all other administrative officers and employees of the city in the manner provided by law.  The mayor or the council by ordinance may authorize the head of a department, office or agency to appoint and remove subordinates in such department, office or agency;

2.  Supervise and control, directly or indirectly, all administrative departments, agencies, officers and employees;

3.  Prepare a budget annually and submit it to the council and be responsible for the administration of the budget after it goes into effect; and recommend to the council any changes in the budget which he deems desirable;

4.  Submit to the council a report after the end of the fiscal year on the finances and administrative activities of the city for the preceding year;

5.  Keep the council advised of the financial condition and future needs of the city, and make such recommendations as he deems desirable;

6.  Grant pardons for violations of city ordinances, including the remission of fines and costs, upon the recommendation of the municipal judge; and

7.  Have such other powers, duties and functions as may be prescribed by law or by ordinance.

Laws 1977, c. 256, § 11106, eff. July 1, 1978.  

§1111107.  Mayor  Additional offices or duties.

The mayor may appoint himself, or the council or other authority may elect or appoint him, to other offices and positions in the city government, subject to regulations as the council may prescribe; but he may not receive compensation for service in such other offices and positions.  The council may provide that the mayor shall hold ex officio designated administrative offices subordinate to the mayor as well as other designated compatible city offices.

Laws 1977, c. 256, § 11107, eff. July 1, 1978.  

§1111108.  Powers vested in council  Designated powers.

Except as otherwise provided in this article, all powers of a statutory strongmayorcouncil city, including the determination of all matters of policy, shall be vested in the council.  Without limitation of the foregoing, the council may:

1.  Enact municipal legislation suject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

2.  Raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

3.  Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs, or to authorize and provide for such inquiries and investigations;

4.  Appoint or elect and remove its own subordinates, members of commissions and boards, and other quasilegislative, quasijudicial or advisory officers and authorities as provided by law, or prescribe the method of appointing or electing and removing them; and

5.  Create, change and abolish offices, departments and agencies other than those established by law, and assign additional functions and duties to offices, departments and agencies established by this article.

Laws 1977, c. 256, § 11108, eff. July 1, 1978.  

§1111109.  Council  Meetings.

The council shall meet regularly at least monthly at such times as it may prescribe by ordinance or otherwise.  The mayor or any three councilmembers may call special meetings.

Laws 1977, c. 256, § 11109, eff. July 1, 1978.  

§1111110.  Council  Quorum  Rules.

A majority of all the members of the council shall constitute a quorum, but a smaller number may adjourn from day to day.  The council may determine its own rules.

Laws 1977, c. 256, § 11110, eff. July 1, 1978.  

§1111111.  Vacancy in the office of mayor or vicemayor.

When a vacancy occurs in the office of mayor, the vicemayor shall act as mayor until a mayor is elected by the council and qualified for office.  To fill the vacancy, the council shall elect a registered voter of the city, who may or may not already be a council member at the time, to be mayor until the next general municipal election, and to serve until a successor is elected and qualified.  Any vacancy shall then be filled at the next general municipal election by election of a person to complete the balance of any unexpired term.  If the vacancy has not been filled within sixty (60) days after it occurs, the governing body shall call for a special election for the purpose of filling the vacancy for the duration of the unexpired term.  However, if less than one (1) year remains of the unexpired term, the council shall elect a registered voter of the city, who may or may not already be a council member at the time, to be mayor for the duration of the unexpired term.  When a vacancy occurs in the office of vicemayor, the council shall elect from among its members another vicemayor for the duration of the unexpired term.

Added by Laws 1977, c. 256, § 11-111, eff. July 1, 1978.  Amended by Laws 1993, c. 9, § 1, eff. Sept. 1, 1993.

§11-11-112.  Compensation of elective officers.

The compensation of all elective city officers shall be fixed by ordinance.

Added by Laws 1977, c. 256, § 11-112, eff. July 1, 1978.  Amended by Laws 1996, c. 79, § 3, eff. Nov. 1, 1996.

§1111113.  City clerk  Creation and duties  Compensation.

The city clerk shall be an officer of the city, appointed by the mayor for an indefinite term.  The city clerk shall serve as clerk for the council.  Subject to regulations the council may prescribe, the city clerk shall:

1.  keep the journal of the proceedings of the council; and

2.  enroll all ordinances and resolutions passed by the council in a book or books kept for that purpose; and

3.  have custody of documents, records, and archives, as may be provided for by law or by ordinance, and have custody of the seal of the city; and

4.  attest and affix the seal of the city to documents as required by law or by ordinance; and

5.  have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance. The person who serves as city clerk may be employed by the city to perform duties not related to his position as city clerk.  The salary, if any, for said duties shall be provided for separately by ordinance.

Amended by Laws 1984, c. 126, § 20, eff. Nov. 1, 1984.  

§1111114.  Appointment of temporary clerk of council.

The council may appoint a temporary clerk of the council to serve during the absence from a meeting of the city clerk and acting city clerk, if any, or when it deems that the city clerk or acting city clerk is not properly performing his duties as clerical officer of the council.  The temporary clerk of the council shall keep the journal of its proceedings, certify documents of the council, and perform all other duties and functions as clerical officer of the council, under the direction of the council and its presiding officer.

Laws 1977, c. 256, § 11114, eff. July 1, 1978.  

§1111115.  City treasurer  Creation and duties  Compensation.

The city treasurer shall be an officer of the city, appointed by the mayor for an indefinite term.  The council may provide by ordinance that the same person may hold both the office of city clerk and the office of city treasurer.  Said council may also provide by ordinance that the city clerk shall be ex officio city treasurer and that an acting city clerk shall be ex officio acting city treasurer.  Subject to such regulations as the council may prescribe, the city treasurer shall deposit daily funds received for the city in depositories as the council may designate.  The city treasurer shall have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance.  The person who serves as city treasurer may be employed by the city to perform duties not related to his position as city treasurer.  The salary, if any, for said duties shall be provided for separately by ordinance.

Amended by Laws 1984, c. 126, § 21, eff. Nov. 1, 1984.  

§1111116.  Purchases and sales by mayor  Competitive bidding  Transfer of mayor's powers.

A.  The mayor, subject to any regulations which the council may prescribe, shall contract for, purchase, or issue purchase authorizations for all supplies, materials and equipment for offices, departments and agencies of the city government.  Every contract or purchase exceeding an amount to be established by ordinance shall require the prior approval of the council.  The mayor may also sell or transfer to or between offices, departments and agencies, surplus or obsolete supplies, materials and equipment, subject to regulations as the council may prescribe.

B.  The council by ordinance may prescribe requirements and procedures for competitive bidding.  Notice and opportunity for competitive bidding, in accordance with regulations as the council may prescribe, shall then be given before a purchase or contract for supplies, materials or equipment is made.  The council shall not exempt a particular contract, purchase or sale from the requirement of competitive bidding.

C.  The council by ordinance may transfer some or all of the power granted to the mayor by this section to an officer appointed by and subordinate to the mayor.

Laws 1977, c. 256, § 11116, eff. July 1, 1978.  

§1111117.  Departments and agencies.

In a statutory strongmayorcouncil city, there shall be a police department, a fire department, a department of law headed by a city attorney, and such other administrative departments, offices and agencies as the council may establish.

Laws 1977, c. 256, § 11117, eff. July 1, 1978.  

§1111118.  Appointments and removals  Personnel department.

Appointments and promotions in the service of a statutory strongmayorcouncil city shall be made solely on the basis of merit and fitness; and removals, demotions, suspensions and layoffs shall be made solely for the good of the service.  The council by ordinance may establish a merit system and provide for its organization and functioning, and provide for personnel administration and regulations of personnel matters.  If and when the council establishes a merit system, it shall create a personnel department, the head of which shall be a personnel director appointed by the mayor for an indefinite term.  The mayor may serve also as personnel director.

Laws 1977, c. 256, § 11118, eff. July 1, 1978.  

§1111119.  Personnel board  Membership and tenure.

In a statutory strongmayorcouncil city, there shall be a personnel board consisting of three members elected by the council for staggered sixyear terms.  The council shall elect the three original members so that the term of one member will expire in each succeeding evennumbered year.  The term of their successors shall be for six (6) years, beginning at 7:30 o'clock p.m. on the first Monday in May in every evennumbered year.  Members shall serve until their successors are elected and qualified, and they shall serve without compensation unless the council provides otherwise. The council, by a vote of a majority of its members, after adequate opportunity for a public hearing, may remove a member for the good of the service, and may fill vacancies for the unexpired term.

Laws 1977, c. 256, § 11119, eff. July 1, 1978.  

§1111120.  Personnel board  Officers and meetings.

At the time prescribed for the beginning of the term of a newly elected member or as soon thereafter as practicable, the members of the personnel board shall elect a chairman, a vicechairman and a secretary.  The secretary need not be a member of the board.  The board shall determine the time and place of its regular meetings, and the chairman or two members may call special meetings of the board.

Laws 1977, c. 256, § 11120, eff. July 1, 1978.  

§1111121.  Classified and unclassified service.

All officers and employees of a statutory strongmayorcouncil city shall be divided into the classified and the unclassified service.  The unclassified service shall consist of:

1.  The mayor and councilmembers, one secretary of the mayor, if any, the municipal judge, and one clerk or secretary of the municipal court, if any;

2.  All personnel appointed, elected or confirmed by the council;

3.  Members and secretaries of boards, commissions and other plural authorities; 4.  All personnel who serve without compensation; and

5.  Persons appointed or employed on a temporary basis to make or conduct a special audit, inquiry, investigation, study, examination or installation, or to perform a temporary professional or technical service, subject to exclusions, limitations and regulations as may be prescribed by ordinance or personnel rules.

All other officers and employees shall be in the classified service.

Laws 1977, c. 256, § 11121, eff. July 1, 1978.  

§1111122.  Political appointments or promotions prohibited  Review of alleged violations.

A.  Neither the mayor nor any other appointing authority may appoint or promote any person to any office or position in the classified service of the city for any political reason nor for any reason other than merit and fitness.

B.  A qualified elector of the city may bring an alleged violation of this section before the city personnel board for consideration and determination.  Alleged violations shall be made in the form of a sworn complaint charging that a designated person has been appointed or promoted to an office or position in the classified service in violation of this section.  The complaint shall be filed with the secretary or chairman of the personnel board not later than sixty (60) days after the effective date of such appointment or promotion, and shall be accompanied by a deposit of Twenty Dollars ($20.00) for payment of costs.  The personnel board shall provide adequate opportunity for a public hearing on the complaint.  If the board finds to its satisfaction that the appointment or promotion was made in violation of this section, it shall veto the appointment or promotion.  The appointment or promotion shall thereby be nullified and the money deposit shall be returned to the complainant.

Laws 1977, c. 256, § 11122, eff. July 1, 1978.  

§1111123.  Political activity prohibited for officers and employees in classified service  Removal for violations.

A.  No officer or employee in the classified service of a statutory strongmayorcouncil city may actively influence, or actively attempt to influence, or work actively for, the nomination, election or defeat of any candidate for mayor or councilmember; but this shall not prohibit the ordinary exercise of one's right as a citizen to express his opinions and to vote.  An officer or employee who violates this section shall be removed from office or position either by the authority normally having power to remove him, or, after adequate opportunity for a public hearing, by the personnel board.  An officer or employee who violates this section shall not hold any office or position in the city government for a period of four (4) years thereafter.

B.  A qualified elector of the city may bring an alleged violation of this section before the personnel board for consideration and determination.  Alleged violations shall be made in the form of a sworn complaint charging an officer or employee with such violation.  The complaint shall be filed with the secretary or chairman of the personnel board and shall be accompanied by a deposit of Twenty Dollars ($20.00) for payment of costs.  If the personnel board finds to its satisfaction that the officer or employee has violated this section prohibiting political activity, it shall remove him from office or position, and the money deposit shall be returned to the complainant.

Laws 1977, c. 256, § 11123, eff. July 1, 1978.  

§1111124.  City officials and employees  Suspension or removal  Successors.

An officer or employee may be suspended, demoted, laid off or removed in the manner provided by law by the mayor or other authority which has the power to appoint or elect the officer or employee.  The mayor or other authority which has the power to appoint or elect the successor of an officer or employee may appoint or elect a person to act during the temporary absence, disability or suspension of such officer or employee, or, in the case of a vacancy, until a successor is appointed or elected and qualified. The council may ordain that a particular superior or subordinate or deputy of such officer or employee shall act in such cases.

Laws 1977, c. 256, § 11124, eff. July 1, 1978.  

§1111125.  Removal of employees in classified service  Procedure.

Whenever the mayor or other authority lays off, suspends without pay, demotes or removes an officer or employee in the classified service who has completed a probationary period of six (6) months, the following procedure shall apply:

1.  The mayor or other appointing authority shall deliver, or mail by certified mail, a written statement of the causes for the layoff, suspension, demotion or removal to the officer or employee not later than three (3) days after the effective date of the personnel action;

2.  The officer or employee may appeal the action to the personnel board.  The appeal must be in writing, and must be filed with the secretary or chairman of the personnel board within ten (10) days after the effective date of the layoff, suspension, demotion or removal;

3.  The personnel board shall hold a public hearing on the appeal, or give an adequate opportunity therefor, as soon as practicable after an appeal has been filed;

4.  The personnel board shall report in writing its findings and recommendations to the mayor, where the appellant is a subordinate of the mayor, or to the respective authority having power of removal; and

5.  The mayor or other authority having power of removal shall make the final decision in writing regarding the appellant's layoff, suspension, demotion or removal; but if the personnel board finds to its satisfaction that the layoff, suspension, demotion, or removal was made for a political reason or for any reason other than the good of the service, it shall veto the layoff, suspension, demotion or removal, and the action by the mayor or other authority shall be nullified thereby.

Laws 1977, c. 256, § 11125, eff. July 1, 1978.  

§1112101.  Statutory town board of trustees form of government.

The form of government provided by Sections 12101 through 12114 of this title shall be known as the statutory town board of trustees form of government. Towns governed under the statutory town board of trustees form shall have all the powers, functions, rights, privileges, franchises and immunities granted, or which may be granted, to towns.  Such powers shall be exercised as provided by law applicable to towns under the town board of trustees form, or if the manner is not thus prescribed, then in such manner as the board of trustees may prescribe.

Laws 1977, c. 256, § 12101, eff. July 1, 1978.  

§1112102.  Governing body  Board of trustees  Terms.

The town board of trustees shall consist of either three (3) or five (5) trustees who shall be nominated from wards or at large and elected at large.  The governing body may submit to the voters the question of whether the town board shall consist of either three (3) or five (5) trustees. If approved, the election of trustees to fill any new positions shall take place at the time set by the town board but no later than the next regular municipal election.  The terms of the new trustees shall be staggered as provided for in Sections 16205 and 16206 of this title.

Amended by Laws 1984, c. 126, § 22, eff. Nov. 1, 1984.  

§1112103.  Qualifications of trustees.

The trustees who are nominated from wards shall be actual residents of their respective wards.  Removal of a trustee from the ward for which he was elected shall not cause a vacancy in the office of that trustee.

Laws 1977, c. 256, § 12103, eff. July 1, 1978; Laws 1981, c. 14, § 2.  

§1112103.1.  Nomination and election of at large trustees  Ordinance  Petition.

A.  The board of trustees may, by ordinance, provide for the nomination and election at large of the trustees of a statutory town board of trustees form of government; provided, however, that such ordinance shall not become effective until sixty (60) days following the date of its publication.  After the ordinance becomes effective, the requirement that trustees of a town be residents of and nominated from wards shall not apply.

B.  Within such sixtyday period, the registered voters of such town may petition for an election on the question of nominating and electing the trustees at large.  The petition shall be signed by a number of such registered voters that is not less than twenty percent (20%) of the votes cast at the most recent election for the town office receiving the greatest number of votes.  The petition shall be filed with the town clerk.  The ordinance providing for the nomination and election of trustees at large shall be suspended pending the determination of the sufficiency of the number of signatures on the petition or the determination of the results of the election.

C.  Each petition filed with the town clerk shall be on a separate sheet and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and that the signers of the petition are registered voters of the town.  The clerk shall make a physical count of the number of signatures appearing on the petitions and shall verify with the county election board the number of votes cast at the most recent town election for the office receiving the greatest number of votes.  The clerk shall then publish a notice of the filing and the apparent sufficiency or insufficiency of the petition.  The notice shall also state that any qualified elector of the town may file a protest to the petition or an objection to the count made by the clerk.  A protest to the petition or the count of signatures shall be filed in the district court in the county in which the situs of the town is located within ten (10) days after the publication.  Written notice of the protest shall be served upon the clerk and the parties who filed the petition.  In the case of the filing of an objection to the count, notice shall also be served upon any party filing a protest.  The district court shall fix a day, not less than ten (10) days after the filing of a protest, to hear testimony and arguments for and against the sufficiency of the petition.  A protest filed by anyone, if abandoned by the party filing it, may be revived within five (5) days by any other qualified elector.  After the hearing, the district court shall decide whether such petition is in form required by law.  If the number of signatures on the petition is insufficient, the ordinance shall become effective.

D.  If the number of signatures of the registered voters on the petition is sufficient, an election on the question shall be conducted as provided in the applicable sections of Article 16 of this title.  The question on the ballot shall read substantially as follows:

For the nomination and election of

  trustees at large  (  )

Against the nomination and election

  of trustees at large   (  )

E.  If a majority of the votes cast on the question favor the nomination and election of trustees at large, the ordinance shall become effective.  If a majority of the votes cast on the question are against the nomination and election of the trustees at large, the ordinance shall not become effective.

Laws 1981, c. 14, § 3.  

§1112103.2.  Notice of at large election of trustees  Ballot  Candidate elected.

A.  Whenever the trustees of a town are to be nominated and elected at large, the notice of election shall state the number of trustees to be elected for fouryear terms and the number of trustees to be elected to fill unexpired terms, if any.  Candidates for the office of trustee shall state on the declaration of candidacy the term of the office being sought.

B.  The ballot shall state the number of offices of trustee to be filled for each designated term and that the voters shall vote for the number of offices to be filled.

C.  The candidate who receives a plurality of the votes cast for the office of trustee for the designated term shall be elected for that designated term.  If more than one office of trustee is to be filled for a designated term, the candidates receiving the largest pluralities shall be elected to those offices.

Laws 1981, c. 14, § 4.  

§1112104.  Election of mayor.

The board of trustees shall elect from among its members a mayor.  The mayor shall be elected in each oddnumbered year at the first board of trustees meeting held after trustee terms begin, or as soon thereafter as practicable.  The mayor shall serve until his successor has been elected and qualified.  All references to the president of the town board of trustees in Oklahoma Statutes shall mean the town mayor.

Laws 1977, c. 256, § 12104, eff. July 1, 1978.  

§1112105.  Duties of the mayor  Acting mayor.

The mayor shall preside at meetings of the board and shall certify to the correct enrollment of all ordinances and resolutions passed by it.  He shall be recognized as head of the town government for all ceremonial purposes and shall have such other powers, duties and functions as may be prescribed by law or ordinance.  The mayor shall have all the powers, rights, privileges, duties and responsibilities of a trustee, including the right to vote on questions.  During the absence, disability or suspension of the mayor, the board shall elect from among its members an acting mayor. When a vacancy occurs in the office of mayor, the board shall elect another mayor from among its members to serve for the duration of the unexpired term.

Laws 1977, c. 256, § 12105, eff. July 1, 1978.  

§1112106.  Powers vested in board of trustees  Designated powers.

All powers of a statutory town board of trustees town, including the determination of matters of policy, shall be vested in the board of trustees.  Without limitation of the foregoing, the board may:

1.  Appoint and remove, and confirm appointments of, designated town officers and employees as provided by law or ordinance;

2.  Enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

3.  Raise revenue, establish rates for services and taxes, make appropriations, regulate salaries and wages and all other fiscal affairs of the town, subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;

4.  Inspect the books and accounts maintained by the town treasurer;

5.  Inquire into the conduct of any office, department or agency of the town, and investigate municipal affairs, or authorize and provide for such inquiries;

6.  Create, change and abolish offices, departments or agencies, other than those established by law; assign additional functions and duties to offices, departments and agencies established by this article; and define the duties, powers and privileges of all officers which are not defined by this article; and

7.  Grant pardons for violation of municipal ordinances, including the remission of fines and costs.

Laws 1977, c. 256, § 12106, eff. July 1, 1978.  

§1112107.  Board of trustees  Meetings.

The board of trustees shall meet regularly at least monthly at such times as it may prescribe by ordinance or otherwise.

Special meetings may be called by the mayor or:

1.  Any two trustees where the board has three members; or

2.  Any three trustees where the board has five members.

Laws 1977, c. 256, § 12107, eff. July 1, 1978.  

§1112108.  Board of trustees  Quorum  Rules and voting.

A majority of all the members of the board of trustees shall constitute a quorum to do business, but a smaller number may adjourn from day to day.  The board may determine its own rules, and may compel the attendance of absent members in the manner and under penalties as the board may prescribe.

Laws 1977, c. 256, § 12108, eff. July 1, 1978.  

§1112109.  Town clerk  Creation and duties  Compensation.

The town clerk shall be an officer of the town.  The town clerk shall:

1.  keep the journal of the proceedings of the board of trustees; and

2.  enroll all ordinances and resolutions passed by the board of trustees in a book or set of books kept for that purpose;and

3.  have custody of documents, records, and archives, as may be provided for by law or by ordinance, and have custody of the town seal; and

4.  attest and affix the seal of the town to documents as required by law or by ordinance; and

5.  have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance. The person who serves as town clerk may be employed by the town to perform duties not related to his position as town clerk.  The salary, if any, for said duties shall be provided for separately by ordinance.

Amended by Laws 1984, c. 126, § 23, eff. Nov. 1, 1984.  

§1112110.  Town treasurer  Creation and duties  Compensation.

The town treasurer shall be an officer of the town.  The town treasurer shall:

1.  maintain accounts and books to show where and from what source all monies paid to him have been derived and to whom and when any monies have been paid; and

2.  deposit daily funds received for the town in depositories as the board of trustees may designate; and

3.  have such other powers, duties, and functions related to his statutory duties as may be prescribed by law or by ordinance. The person who serves as town treasurer may be employed by the town to perform duties not related to his position as town treasurer. The salary, if any, for said duties shall be provided for separately by ordinance.

The books and accounts of the town treasurer shall be subject at all times to examination by the board of trustees.

Amended by Laws 1984, c. 126, § 24, eff. Nov. 1, 1984.  

§1112111.  Chief of police  Creation and duties.

The board of trustees may appoint a chief of police, who shall enforce municipal ordinances and have such other powers, duties and functions as may be prescribed by law or ordinance.  The chief of police may appoint police officers as he deems necessary, subject to the approval and confirmation of the board of trustees.  All references in Oklahoma Statutes to the town marshal shall mean the town chief of police.

Laws 1977, c. 256, § 12111, eff. July 1, 1978; Laws 1979, c. 44, § 2, emerg. eff. April 9, 1979.  

§1112112.  Departments and agencies  Merger or consolidation of town offices.

In the town board of trustees form of government, there shall be such administrative departments, officers, and agencies as the board may establish.  The board may combine, merge, or consolidate by ordinance any of the various offices of town government as it deems necessary and convenient for the administration of the affairs or government of the town.  Any consolidation of elected town offices shall go into effect at the end of the term of office of those officers whose offices are consolidated or when a vacancy occurs in one of the offices to be consolidated.  An ordinance consolidating offices must be enacted at least thirty (30) days prior to the date of the next municipal primary election.

Amended by Laws 1984, c. 126, § 25, eff. Nov. 1, 1984.  

§1112113.  Compensation of town elective officers.

The compensation of all elective town officers shall be fixed by ordinance.

Laws 1977, c. 256, § 12113, eff. July 1, 1978.  

§11-12-114.  Appointments and removals.

Appointments and promotions in the service of a statutory town board of trustees government shall be made solely on the basis of merit and fitness; and removals, demotions, suspensions, and layoffs shall be made solely for the good of the service.  The board by ordinance may establish a merit system and provide for its organization and functioning, and provide for personnel administration and regulation of personnel matters.  The board of trustees may remove for cause any appointive officer by a majority vote of all its members.

Laws 1977, c. 256, § 12114, eff. July 1, 1978.

§1113101.  Municipalities may adopt charter.

Any city or town containing a population of two thousand (2,000) inhabitants or more, as shown by the latest federal census or other census recognized by the laws of Oklahoma, may frame a charter for its own government.

Laws 1977, c. 256, § 12101, eff. July 1, 1978.  

§1113102.  Procedure for adopting charters  Petition or governing body resolution.

The mayor of an incorporated municipality shall issue an order calling for an election on the question of whether or not the municipality shall frame a charter for its own government and elect a board of freeholders to prepare the charter when:

1.  A petition signed by not less then twentyfive percent (25%) of the registered voters of the municipality, as shown by the preceding general election, is filed with the governing body; or

2.  The governing body, by resolution, so directs.

The order calling for the election shall be issued within ten (10) days after a petition has been filed with the governing body or within ten (10) days after the date of the governing body resolution.

Laws 1977, c. 256, § 13102, eff. July 1, 1978.  

§11-13-103.  Election on question and board of freeholders.

The election on the question and board of freeholders shall be held at a general or special election to be held in the municipality within thirty (30) days after the order calling for the election. Notice of the election shall be given in the manner required for municipal elections.  The question submitted to the registered voters of the municipality shall be substantially in the following form:

Shall the _____ (City or Town) of _______ frame a charter for its own government?

( ) Yes.

( ) No.

The board of freeholders, which is to be voted on in the same election, shall consist of two qualified electors from each ward in the municipality.  The freeholders shall be elected by the registered voters of the respective wards.  The two candidates receiving the highest number of votes in each ward shall be elected as members of the board of freeholders.  The ballot shall be substantially in the following form:

For Freeholder from Ward One

(Vote for Two)

________Name of candidate for freeholder

_________Name of candidate for freeholder.

Laws 1977, c. 256, § 13103, eff. July 1, 1978.

§1113104.  Canvassing returns  Certification of results.

The county election board shall canvass the returns and the secretary of the board shall, within five (5) days after the canvass of the returns of the election, certify the results to the municipal governing body.  If a majority of the votes cast on the question are in favor of framing a charter for the municipality, the board shall tabulate the votes on the election of freeholders and declare the results in the certification to the governing body.

§1113105.  Preparation of charter.

The board of freeholders shall prepare a charter for the municipality within ninety (90) days after their election.  The charter shall be consistent with and subject to the Oklahoma Constitution and shall not be in conflict with the Constitution and laws relating to the exercise of initiative and referendum.

The proposed charter shall be signed in duplicate by at least a majority of the freeholders.  One copy of the proposed charter shall be given to the mayor and the other shall be given to the county clerk of the county in which the situs of the municipality is located.

Laws 1977, c. 256, § 13105, eff. July 1, 1978.  

§11-13-106.  Notice of charter election.

Within twenty (20) days after receipt of the proposed charter from the board of freeholders, the governing body shall publish the proposed charter and an announcement of the date for the charter election in a newspaper of general circulation within the municipality once per week for three (3) consecutive weeks.  The date for the charter election shall not be less than twenty (20) days nor more than thirty (30) days after the last publication.

Added by Laws 1977, c. 256, § 13-106, eff. July 1, 1978.  Amended by Laws 1996, c. 16, § 1, eff. Nov. 1, 1996.

§1113107.  Charter election  Certification of results  Approval by Governor.

The question of whether or not the municipality shall adopt the proposed charter shall be submitted to the registered voters of the municipality at a general or special election.  If a majority of the votes cast, as certified by the secretary of the county election board, are in favor of adopting the charter, the charter shall then be certified by the mayor of the municipality and authenticated by the seal of the municipality.  The submission to and approval by the registered voters shall be set forth on the charter.  The charter shall then be submitted to the Governor for his approval, and the Governor shall approve the charter if it is not in conflict with the Constitution and laws of Oklahoma.  Upon his approval, the charter shall become the organic law of the municipality and supersede any existing charter and all ordinances in conflict with it.

in conflict with it.

Laws 1977, c. 256, § 13107, eff. July 1, 1978.  

§1113108.  Deposit of copies for record  Judicial notice.

After the approval of the charter by the Governor, duplicate copies shall be made and one shall be deposited in the office of the Secretary of State, and the other, after being recorded in the office of the county clerk of the county in which the situs of the municipality is located, shall be deposited in the archives of the municipality.  Thereafter the charter shall be judicially noticed in all court proceedings.

Laws 1977, c. 256, § 13108, eff. July 1, 1978.  

§1113109.  Charter controls over conflicting laws.

Whenever a charter is in conflict with any law relating to municipalities in force at the time of the adoption and approval of the charter, the provisions of the charter shall prevail and shall operate as a repeal or suspension of the state law or laws to the extent of any conflict.

Laws 1977, c. 256, § 13109, eff. July 1, 1978.  

§1113110.  Payment of expenses for framing and adopting charter.

All charter election expenses shall be paid by the municipality.  The municipality may provide for the payment of the expenses incurred by the board of freeholders in the framing of the charter.

Amended by Laws 1984, c. 126, § 24, eff. Nov. 1, 1984. d

§1113111.  Charter amendments  Procedure.

Amendments to a municipal charter may be proposed by:

1.  An initiative petition, signed by a number of the registered voters residing in the municipality equal to at least twentyfive percent (25%) of the total number of votes cast at the preceding general election. Charter amendments proposed by initiative petition shall be governed in all respects by the provisions of Sections 15101 through 15110 of this title; or

2.  A resolution of the municipal governing body.  Notice of charter amendments proposed by resolution and the election on them shall be in the same manner provided for adoption of municipal charters as set forth in Sections 13106 and 13107 of this title.

If a majority of the votes cast in the election on the charter amendments, as certified by the secretary of the county election board, are in favor of adopting the proposed amendments to the charter, the charter shall be so amended, certified and authenticated by the mayor, and submitted to the Governor for his approval.  The Governor shall approve the charter amendments if they are not in conflict with the Constitution and laws of Oklahoma. Upon his approval, the charter as amended shall become the organic law of the municipality and supersede any existing charter and all ordinances in conflict with it.  The charter amendments shall be filed and recorded in the same manner provided for filing of municipal charters.

Laws 1977, c. 256, § 13111, eff. July 1, 1978.  

§11-13-112.  Revocation or abolishment of charter - Adopting statutory form - Procedure.

A proposal to revoke or abolish the charter of a municipality shall be made in the same manner provided for charter amendments and shall include the proposed statutory form of municipal government to be adopted when the charter is revoked, unless the proposal includes the adoption of a new charter in lieu of the existing charter.  The question to be submitted to the registered voters of the municipality shall be substantially in the following form:

Shall the (City or Town) of _______revoke the charter under which it is now operating, and adopt and be governed under the statutory ______ (name of proposed statutory form) form of municipal government as provided by the laws of Oklahoma?

( ) Yes.

( ) No.

Laws 1977, c. 256, § 13112, eff. July 1, 1978.

§1113113.  Charter revocation  Canvassing returns  Proclamation of Governor  Election of officers.

The secretary of the county election board shall, within five (5) days after the canvass of the returns of the election, certify to the Governor the results of the vote on the question.  If a majority of the votes cast are in favor of revoking the charter, the Governor, within twenty (20) days after receiving the certification, shall issue a proclamation stating that the municipality has revoked its charter and adopted the statutory form of municipal government specified in the question.  The proclamation of the Governor shall also direct the governing body of the municipality to divide the municipality into the number of wards required and to hold primary and general elections in the manner provided by the statutory form of government which has been adopted.  From the date of the Governor's proclamation, the charter of the municipality shall be revoked, and the municipality shall be governed under the laws relating to the statutory form of government which the municipality has adopted.

Laws 1977, c. 256, § 13113, eff. July 1, 1978.  

§1113114.  Special charter provisions relating to abandonment of municipal charters.

Where a municipality has adopted a charter containing a special provision to the effect that at the expiration of a specified period after the adoption of the charter the governing body may submit to the registered voters of the municipality the question of whether or not the charter shall be abandoned and the municipality governed under a statutory form of government, and the specified time has expired and the governing body has failed to submit the question, then the question shall be submitted to the registered voters at the next election which may be held in the municipality.  The secretary of the county election board shall submit the question substantially in the language of the charter provision.  If a majority of the votes cast, as certified by the secretary of the county election board, are in favor of abandoning the charter and adopting a statutory form, the results of the election shall be certified to the Governor in the manner provided for revocation of charters.

Laws 1977, c. 256, § 13114, eff. July 1, 1978.  

§11-13-115.  Compensation of elective city officers.

Where a municipality has adopted a charter and the charter does not address compensation of elective city officers, the compensation of such elective city officers may be fixed by ordinance.

Added by Laws 1996, c. 79, § 4, eff. Nov. 1, 1996.

§1114101.  Municipal ordinances  Authority.

The municipal governing body may enact ordinances, rules and regulations not inconsistent with the Constitution and laws of Oklahoma for any purpose mentioned in Title 11 of the Oklahoma Statutes or for carrying out their municipal functions.  Municipal ordinances, rules or regulations may be repealed, altered or amended as the governing body ordains.

Laws 1977, c. 256, § 14101, eff. July 1, 1978.  

§1114101.1.  Rent control  Prohibition.

A.  No municipal governing body may enact, maintain, or enforce any ordinance or resolution which regulates the amount of rent to be charged for privately owned, singlefamily or multiple unit residential or commercial rental property.

B.  This section shall not be construed to prohibit any municipality or any authority created by a municipality for that purpose from:

1.  regulating in any way property belonging to that municipality or authority;

2.  entering into agreements with private persons which regulate the amount of rent charged for subsidized rental properties; or

3.  enacting ordinances or resolutions restricting rent for properties assisted with federal Community Development Block Grant Funds.

Added by Laws 1988, c. 38, § 1, emerg. eff. March 21, 1988.  

§1114102.  Ordinances  Procedure governing passage.

All proposed ordinances of a municipality shall be considered at a public meeting of the council or board of trustees.  A vote of a majority of all the members of the council or board of trustees shall be required for the final passage of an ordinance.

Laws 1977, c. 256, § 14102, eff. July 1, 1978.  

§1114103.  Effective date of municipal ordinances  Emergency measures.

Every ordinance except an emergency ordinance shall go into effect thirty (30) days after its final passage unless it specifies a later date.  An emergency measure necessary for the immediate preservation of peace, health, or safety shall go into effect upon its final passage unless it specifies a later date.  Such an emergency measure must state in a separate section the reasons why it is necessary that the measure become effective immediately.  The question of emergency must be ruled upon separately and approved by the affirmative vote of at least threefourths (3/4) of all the members of the governing body of the municipality.

Amended by Laws 1984, c. 126, § 26, eff. Nov. 1, 1984.  

§1114104.  Style of ordinances  Title and subject  Enacting clause

An ordinance may contain only one subject and the subject shall be expressed in its title.  The enacting clause of all ordinances passed by a municipal governing body shall be:  1.  "Be it ordained by the Council of the City of _______", for city ordinances; or  2.  "Be it ordained by the Board of Trustees of the Town of _______", for town ordinances. The enacting clause of ordinances proposed by the voters under their powerof initiative shall be "Be it ordained by the People of the _______ (City of Town) of _______".

Laws 1977, c. 256, § 14104, eff. July 1, 1978.  

§1114105.  Ordinance book  Entries.

Every ordinance enacted by a municipal governing body shall be entered in an ordinance book immediately after its passage.  The entry shall contain the text of the ordinance and shall state the date of its passage, the page of the journal containing the record of the final vote on its passage, the name of the newspaper in which the ordinance was published, and the date of the publication. Compilations or codes of municipal law or regulations need not be enrolled in full in the book of ordinances, but the ordinance adopting by reference or enacting such compilation or code shall be entered and a copy of the compilation or code shall be filed and kept in the office of the municipal clerk.

Amended by Laws 1984, c. 126, § 27, eff. Nov. 1, 1984.  

§1114106.  Publication of ordinances.

No ordinance having any subject other than the appropriation of monies shall be in force unless published or posted within fifteen (15) days after its passage.  Every municipal ordinance shall be published at least once in full, except as provided for in Section 14107 of this title.  When publishing the ordinance, the publisher or managing officer of the newspaper shall prefix to the ordinance a line in brackets stating the date of publication as "Published _______", giving the month, day, and year of publication.

Amended by Laws 1984, c. 126, § 28, eff. Nov. 1, 1984.  

§1114107.  Publication of certain codes and ordinances by title and summary of contents.

A.  If a municipal governing body enacts or adopts by reference ordinances which are compilations or codes of law or regulations relating to traffic, building, plumbing, electrical installations, fire prevention, inflammable liquids, milk and milk products, protection of the public health, or any other matters which the municipality has the power to regulate, such ordinances are not required to be published in full.  Legal publication of such ordinances may be by publishing the title and a summary of their contents in the manner provided by Section 14106 of this title.  At least one copy of such ordinances shall be kept in the office of the municipal clerk for public use, inspection, and examination.  The municipal clerk shall keep copies of the ordinances, codes, or compilations for distribution or sale at a reasonable price.

B.  A municipality which adopts building standards shall adopt and enforce one of the following codes:

1.  The BOCA Basic Building Code of the Building Officials and Code Administrators International, Incorporated; or

2.  The Uniform Building Code of the International Conference of Building Officials; or

3.  The Southern Standard Building Code of the Southern Building Code Congress, International, Incorporated; or

4.  The Code for Energy Conservation in New Building Construction prepared by the National Conference of States on Building Codes and Standards, Inc. (NCSBCS); or

5.  Any other code which the governing body of the municipality deems desirable to promote safety, energy efficiency, health, and welfare within the municipality.

C.  Municipalities may adopt the "New Jersey Smart Code" building standard for purposes of rehabilitation to existing structures that were completed prior to November 1, 1985.

D.  Ordinances which are passed by the governing body with an emergency clause attached are not required to be published in full, but may be published by title only in the manner provided by Section 14106 of this title.

Added by Laws 1977, c. 256, § 14-107, eff. July 1, 1978.  Amended by Laws 1979, c. 144, § 1, emerg. eff. May 8, 1979; Laws 1984, c. 126, § 29, eff. Nov. 1, 1984; Laws 2002, c. 407, § 1, eff. Nov. 1, 2002.

§1114108.  Codification of municipal ordinances.

A.  The governing body of a municipality may, from time to time, authorize a codification of its ordinances.  Such a code may be kept up to date by use of a looseleaf system and process of amendment.  In a code of municipal ordinances, the title, enacting clauses and emergency sections may be omitted and temporary and special ordinances and parts of ordinances may also be omitted. Permanent and general ordinances and parts of ordinances which are to be repealed by the code shall be omitted from the code.  The ordinances and parts of ordinances included in the code may be revised, rearranged, renumbered, and reorganized into some systematic arrangement.  The governing body may publish in connection with the code new matter, provisions of state law relating to the municipality, a history of the municipality, the history of the municipal government, the names of officials and other informational matter as the governing body may decide.  The book or pamphlet containing the code may also contain an index and forms and instructions as the governing body may decide.

B.  At least three copies of the code shall be kept in the office of the municipal clerk for public use, inspection and examination.  The municipal clerk shall keep copies of the code for distribution or sale at a reasonable price.

C.  Notice of the publication of the code shall be in the manner provided for publication by title of certain codes and ordinances in subsection A of Section 14107 of this title.

Laws 1977, c. 256, § 14108, eff. July 1, 1978.  

§1114109.  Mandatory compilation of penal ordinances.

The penal ordinances of every municipality shall be compiled and published in a permanent form, either printed or typed, periodically, but not less than once each ten (10) years.  Each municipality shall also publish biennial supplements to the permanent volume of compiled penal ordinances.  No municipal ordinance shall be enforced if it is not reflected in such a permanent volume or supplement if the ordinance was adopted before the latest compilation or supplement.  A codification of municipal ordinances which includes all penal ordinances is sufficient for complying with this compilation requirement if the code is issued as a permanent volume with biennial supplements and if the procedures for filing and notice, as outlined in Section 14110 of this title, have been complied with.  Provided, further, the tenyear codification requirement shall be satisfied if the code complies with the compilation requirement and the biennial supplements are made a part of the permanent volume which are maintained in permanent form either bound or in a looseleaf form.

Laws 1977, c. 256, § 14109, eff. July 1, 1978; Laws 1979, c. 44, § 3, emerg. eff. April 9, 1979.  

§1114110.  Notice and filing of penal ordinance compilation  Judicial notice.

When a municipality has compiled and published its permanent volume or biennial supplement of penal ordinances, the governing body of the municipality shall adopt a resolution notifying the public of the publication.  A copy of the resolution shall be filed in the office of the county clerk in each county in which the municipality is located.  The county clerk shall assign the filed resolution a book and page number.  At least one copy of the permanent volume and each biennial supplement shall be deposited free of cost by the municipality in the county law library of each county wherein the municipality is located, and receipt of same shall be duly noted in writing by the county law librarian.  A copy of the receipt may be filed with the county clerk who shall then assign a book and page number.  The permanent volume or biennial supplement of compiled penal ordinances shall be available for purchase by the public at a reasonable price.  Ordinances which have been compiled and filed in accordance with this section shall be judicially noticed in all court proceedings.  Provided, a court may consider a book and page reference of the county clerk's filings as satisfactory proof of compliance so that judicial notice may be taken of an ordinance.

Amended by Laws 1985, c. 87, § 1, eff. Nov. 1, 1985; Laws 1989, c. 104, § 2, emerg. eff. April 25, 1989.  

§11-14-111.  Enforcement and penalties for violation of municipal ordinances.

A.  The governing body of a municipality may provide for enforcement of its ordinances and establish fines, penalties, or imprisonment, as authorized by subsections B through D of this section, for any offense in violation of its ordinances, which shall be recoverable together with costs of suit.  The governing body may provide that any person fined for violation of a municipal ordinance who is financially able but refuses or neglects to pay the fine or costs may be compelled to satisfy the amount owed by working on the streets, alleys, avenues, areas, and public grounds of the municipality, subject to the direction of the street commissioner or other proper officer, at a rate per day as the governing body may prescribe by ordinance, but not less than Twenty-five Dollars ($25.00) per day for useful labor, until the fine or costs are satisfied.

B.  1.  Except for municipal ordinances related to prostitution, cities having a municipal criminal court of record may enact ordinances prescribing maximum fines of One Thousand Two Hundred Dollars ($1,200.00) and costs or imprisonment not exceeding six (6) months or both the fine and imprisonment, but shall not have authority to enact any ordinance making unlawful an act or omission declared by state statute to be punishable as a felony; provided, that cities having a municipal criminal court of record may enact ordinances prescribing maximum fines of One Thousand Dollars ($1,000.00) and costs or imprisonment not exceeding six (6) months or both such fine and imprisonment for violations of municipal ordinances regulating the pretreatment of wastewater and regulating stormwater discharges.

2.  For violations of municipal ordinances relating to prostitution, including but not limited to engaging in prostitution or soliciting or procuring prostitution, a municipal criminal court of record may enact ordinances prescribing an imprisonment not to exceed six (6) months, and fines as follows:  a fine not to exceed Two Thousand Five Hundred Dollars ($2,500.00) upon the first conviction for violation of any such ordinances, a fine of not more than Five Thousand Dollars ($5,000.00) upon the second conviction for violation of any of such ordinances, and a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or subsequent convictions for violation of any of such ordinances, or both such fine and imprisonment as well as a term of community service of not less than forty (40) nor more than eighty (80) hours.

C.  Municipalities having a municipal court not of record may enact ordinances prescribing maximum fines pursuant to the provisions of this subsection.  A municipal ordinance may not impose a penalty, including fine or deferral fee in lieu of a fine and costs, which is greater than that established by statute for the same offense.  The maximum fine or deferral fee in lieu of a fine for traffic-related offenses relating to speeding or parking shall not exceed Two Hundred Dollars ($200.00).  For all other offenses, the maximum fine or deferral fee in lieu of a fine shall not exceed Seven Hundred Fifty Dollars ($750.00).  The ordinances may prescribe costs pursuant to the provisions of Section 27-126 of this title or imprisonment not exceeding sixty (60) days or both the fine and imprisonment; provided, that municipalities having only a municipal court not of record shall not have authority to enact any ordinance making unlawful any act or omission declared by state statute to be punishable as a felony; provided further, that municipalities having a municipal court not of record may enact ordinances prescribing maximum fines of One Thousand Dollars ($1,000.00) and costs or imprisonment not exceeding ninety (90) days or both such fine and imprisonment for violations of municipal ordinances regulating the pretreatment of wastewater and regulating stormwater discharges.  If imprisonment is available for the offense, then that person charged shall have a right to a jury trial.

D.  Municipalities having both municipal criminal courts of record and municipal courts not of record may enact ordinances, within the authority of this section, for each court.

E.  No municipality may levy a fine or deferral fee in lieu of a fine of over Fifty Dollars ($50.00) until it has compiled and published its penal ordinances as required in Sections 14-109 and 14-110 of this title.

F.  No municipality may levy a fine of more than Ten Dollars ($10.00) nor court costs of more than Fifteen Dollars ($15.00) for exceeding the posted speed limit by no more than ten (10) miles per hour upon any portion of the National System of Interstate and Defense Highways, federal-aid primary highways, and the state highway system which are located on the outskirts of any municipality as determined in Section 2-117 of Title 47 of the Oklahoma Statutes.

Added by Laws 1977, c. 256, § 14-111, eff. July 1, 1978.  Amended by Laws 1980, c. 247, § 1, eff. Oct. 1, 1980; Laws 1982, c. 157, § 1; Laws 1983, c. 293, § 1, operative Oct. 1, 1983; Laws 1990, c. 141, § 1, eff. Sept. 1, 1990; Laws 1998, c. 322, § 3, eff. Nov. 1, 1998; Laws 1999, c. 412, § 1, eff. Nov. 1, 1999; Laws 2002, c. 120, § 5, emerg. eff. April 19, 2002; Laws 2004, c. 173, § 1, eff. Nov. 1, 2004.

§11-14-111.1.  Retention of penalty assessments or other state fees.

A.  Notwithstanding any other provision of law, a municipal court which collects a penalty assessment or other state fee from a defendant pursuant to state law may retain eight cents ($0.08) of such monies and may also retain all interest accrued thereon prior to the due date for deposits as provided in state law.  The fee shall be deposited as determined by the municipal governing body.

B.  A municipal court in a municipality having a basic law enforcement academy approved by the Council on Law Enforcement Education and Training pursuant to the criteria developed by the Council for training law enforcement officers may retain as an administrative fee two percent (2%) of any penalty assessment or other state fee imposed by state statute.  The two percent (2%) administrative fee shall be deducted from the portion of the penalty assessment or other state fee retained by such municipality.

Added by Laws 2001, c. 258, § 1, eff. July 1, 2001.  Amended by Laws 2001, c. 404, § 1, eff. Nov. 1, 2001.

§11-14-112.  Cancellation or denial of driving privileges for noncompliance with municipal court sentence.

A.  As used in this section:

1.  "Department" means the Department of Public Safety;

2.  "Notification form" means a form prescribed by the Department which contains a statement from the court that the person has failed to satisfy the sentence of the court.  It shall include the name, date of birth, physical description, and the driver license number, if any, of the person;

3.  "Reinstatement form" means a form prescribed by the Department which contains a statement from the court that the person has satisfied the sentence of the court.  It shall include sufficient information to identify the person to the Department;

4.  "Sentence" means any order of the court to pay a fine, penalty assessment or costs or to carry out a term of community service or other remedial action.

B.  When any person under the age of eighteen (18) years fails or refuses to satisfy a sentence of a municipal court, the court shall notify the Department.  Upon receipt of the notification form from the court, the Department shall cancel or deny all driving privileges of the person without a hearing until the person satisfies the sentence of the court.

C.  When the person fulfills the sentence of the court, the court or court clerk shall provide a reinstatement form to such person either directly or by first class mail, postage prepaid, at the last address given by the person to the court.  The driving privileges of a person who furnishes a reinstatement form to the Department shall be granted or reinstated, if the person is otherwise eligible, in accordance with law.  Upon such granting or reinstatement of driving privileges, the Department may remove any record of the denial or cancellation of driving privileges as provided for in this section from the file of the person and maintain an internal record of the denial or cancellation for fiscal or other purposes.

D.  At the time of sentencing the person, the court may take custody of the driver's license of the person until the terms of the sentence are fulfilled.  In such case, the court shall issue to the person a receipt for the license.  Additionally, the court may notify the parents or other custodian of the person of the terms of the sentence or any notice to the Department.

Added by Laws 1990, c. 299, § 1, eff. Sept. 1, 1990.  Amended by Laws 1999, c. 139, § 1, eff. Nov. 1, 1999.

§11-14-113.  Liability for cost of medical care to defendant in custody of municipal officer.

When a defendant is in the custody of a municipal jail, the custodial municipality shall only be liable for the cost of medical care for conditions that are not preexisting prior to arrest and that arise due to acts or omissions of the municipality.  Preexisting conditions are defined as those illnesses beginning or injuries sustained before a person is in the peaceable custody of the municipality's officers.

An inmate receiving medical care for a preexisting condition or a condition not caused by the acts or omissions of the municipality shall be liable for payment of the cost of care, including but not limited to, medication, medical treatment, and transportation costs, for or relating to the condition requiring treatment.

Added by Laws 1990, c. 299, § 2, eff. Sept. 1, 1990.  Amended by Laws 1999, c. 217, § 1, eff. Nov. 1, 1999.

§1115101.  Initiative and Referendum  Powers.

The powers of initiative and referendum, reserved by the Oklahoma Constitution to the people, are reserved to the people of every municipal corporation with reference to all legislative authority which it may exercise and amendments to municipal charters.

Laws 1977, c. 256, § 15101, eff. July 1, 1978.  

§1115102.  Procedure for initiative and referendum in municipalities.

The procedure in municipalities which do not provide by ordinance or charter for the manner of exercising the initiative and referendum powers shall be governed by the Oklahoma Constitution and general state law, except as otherwise provided in Sections 15101 through 15110 of this title.  The duties required of the Governor by state law shall be performed by the mayor; the duties of the Secretary of State shall be performed by the municipal clerk; and the duties of the Attorney General shall be performed by the attorney for the municipality.  The procedure for initiative and referendum as to municipal legislation shall be as nearly as practicable the same as those for measures relating to the people of the state at large.

Laws 1977, c. 256, § 15102, eff. July 1, 1978.  

§1115103.  Petition  Form  Signatures  Time for filing.

A.  The form of the petition for either initiative or referendum in a municipality shall be substantially as provided in Sections 1 and 2 of Title 34 of the Oklahoma Statutes.  A true copy of each measure proposed by initiative and referendum shall be filed with the clerk of the municipality before it is circulated and signed by the registered voters.

B.  Every petition for either the initiative or referendum shall be signed by a number of the registered voters residing in the municipality equal to at least twentyfive percent (25%) of the total number of votes cast at the preceding general election or biennial town meeting if the municipality is subject to the Oklahoma Town Meeting Act.  The signatures to each petition shall be verified in the manner provided by law.

C.  Signed copies of an initiative petition shall be submitted to the clerk within ninety (90) days after the initial filing of the measure with the clerk.  Signed copies of a petition invoking a referendum upon any ordinance or resolution shall be submitted to the clerk within thirty (30) days after the passage of the ordinance or resolution.  Amendments to municipal charters may be proposed by an initiative petition, and signed copies of such petition shall be submitted to the clerk not less than sixty (60) days before the election at which the amendments are to be voted upon.

Amended by Laws 1984, c. 126, § 26, eff. Nov. 1, 1984.  

§1115104.  Publication announcing the filing of petition  Protests.

A.  When signed copies of a petition are timely filed with the clerk, the clerk shall make a physical count of the number of signatures appearing on the petitions.  He shall then publish, in at least one (1) newspaper of general circulation in the municipality, a notice of the filing and the apparent sufficiency or insufficiency of the petition.  The notice shall also state that any qualified elector of the municipality may file a protest to the petition or an objection to the count made by the clerk.

B.  A protest to the petition or the count of signatures shall be filed in the district court in the county in which the situs of the municipality is located within ten (10) days after the publication.  Written notice of the protest shall be served upon the clerk and the parties who filed the petition.  In the case of the filing of an objection to the count, notice shall also be served upon any party filing a protest.  The district court shall fix a day, not less than ten (10) days after the filing of a protest, to hear testimony and arguments for and against the sufficiency of the petition.  A protest filed by anyone, if abandoned by the party filing it, may be revived within five (5) days by any other qualified elector.  After the hearing, the district court shall decide whether such petition is in form required by law.

Laws 1977, c. 256, § 15104, eff. July 1, 1978.  

§1115105.  Ballot title.

A.  The parties submitting a petition for either initiative or referendum shall also prepare and file a ballot title for the measure.  The ballot title may be filed with the clerk prior to circulating the petition, but it must be submitted no later than the time that the signed copies of the petition are filed with the clerk. The ballot title shall contain the gist of the proposition couched in language that may be readily understood by persons not engaged in the practice of law.  The ballot title shall contain language which clearly states that a "yes" vote is a vote in favor of the proposition, and a "no" vote is a vote against the proposition.  The ballot title may not:

1.  Exceed one hundred fifty (150) words;

2.  Reflect partiality in its composition or contain any argument for or against the measure; or

3.  Contain language whereby a "yes" vote is, in fact, a vote against the proposition and a "no" vote is, in fact, a vote in favor of the proposition.

B.  The clerk shall immediately forward a copy of the proposition and ballot title to the municipal attorney.  Within three (3) days after the filing of the ballot title, the attorney shall notify the clerk in writing whether or not the proposed ballot title is in legal form and in harmony with the law.  If the ballot title is not in proper form, in the opinion of the attorney, he shall prepare and file a ballot title which does conform to the law within the threeday period.

Laws 1977, c. 256, § 15105, eff. July 1, 1978.  

§1115106.  Appeal on question of ballot title  Procedure.

A qualified elector who is dissatisfied with the wording of a ballot title may appeal, within ten (10) days after the ballot title is filed with the clerk, to the district court in the county in which the situs of the municipality is located.  The petition for appeal shall offer a substitute ballot title for the one from which the appeal is taken.  Written notice of the appeal shall be served upon the clerk and upon the parties who filed the ballot title at least five (5) days before such appeal is heard by the court.  The municipal attorney shall, and any interested citizen may, defend the ballot title from which the appeal is taken.  After the hearing of the appeal, the district court may correct or amend the ballot title, or accept the substitute suggested, or may draft a new one which will conform with the law.

Laws 1977, c. 256, § 15106, eff. July 1, 1978.  

§1115107.  Presentation of petition to mayor.

When a ballot title has been decided upon, either as approved by the municipal attorney or by the district court, the clerk shall notify the mayor in writing, and attach a copy of the petition and ballot title.

Laws 1977, c. 256, § 15107, eff. July 1, 1978.  

§1115108.  Consideration of initiative petitions by governing body  Submission to voters.

When an initiative petition demands the enactment of an ordinance or resolution, the mayor shall present the petition to the municipal legislative body at its next meeting.  If the petition is not granted more than thirty (30) days before the next general municipal election or biennial or special town meeting if the municipality is subject to the Oklahoma Town Meeting Act, the mayor shall submit the ordinance or act so petitioned to the registered voters of the municipality at the next general municipal election or biennial town meeting, whichever is appropriate.

Amended by Laws 1988, c. 105, § 19, eff. Nov. 1, 1988.  

§11-15-109.  Time for submission of measures to voters.

Whenever a referendum is demanded against any measure passed by the municipal governing body, or whenever an initiative petition demands an amendment to the municipal charter, the question shall be submitted to the registered voters of the municipality for their approval or rejection at a special election called by the municipal governing body for that purpose or at the next general election, general municipal election or biennial or special town meeting if the municipality is subject to the Oklahoma Town Meeting Act.

Added by Laws 1977, c. 256, § 15-109, eff. July 1, 1978.  Amended by Laws 1988, c. 105, § 20, eff. Nov. 1, 1988; Laws 1995, c. 3, § 1, eff. Nov. 1, 1995.

§1115110.  Conflicting measures proposed by governing body.

Along with each initiative measure the municipal governing body may submit a competing bill or resolution.  If conflicting ordinances or charter amendments are submitted to the registered voters, and two or more of such conflicting measures are approved by the registered voters, then the measure which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is a conflict, even though such measure may not have received the greatest majority.

Laws 1977, c. 256, § 15110, eff. July 1, 1978.  

§11-16-101.  Notice of municipal elections.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

The governing body of a municipality shall give notice of a general municipal election or a special election by publishing the resolution calling for the election.  The resolution shall:  contain the facts described in Section 13-102 of Title 26 of the Oklahoma Statutes.

The resolution shall be published in a newspaper of general circulation in the municipality at least ten (10) days before the beginning of the filing period for a general municipal election, or at least ten (10) days before the date of a special election.  If there is no newspaper of general circulation in the municipality, the notice shall be given by posting a copy of the resolution in at least five (5) public places in the municipality.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

Notice of a general municipal election or a special election shall be given by publishing the resolution of the municipal governing body calling for the election.  The resolution shall set forth:

1.  The date or dates of the election; and

2.  The offices to be filled or the questions to be voted upon at the election.

The resolution shall be published in a newspaper of general circulation in the municipality at least ten (10) days before the beginning of the filing period for a general municipal election, or at least ten (10) days before the date of a special election.  If there is no newspaper of general circulation in the municipality, the notice shall be given by posting a copy of the resolution in at least five (5) public places in the municipality.

Added by Laws 1977, c. 256, § 16-101, eff. July 1, 1978.  Amended by Laws 2004, c. 545, § 24, eff. July 1, 2005.

§11-16-102.  Provisions not applicable to municipalities governed by charter or subject to Oklahoma Town Meeting Act - Exception  - Choice of election procedure - Residency requirements.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

A.  The provisions of Section 16-101 et seq. of this title shall not apply to any municipality which is governed by charter; provided, that elections for such municipalities which shall be conducted by the county election board shall be scheduled only on an election date identified by Section subsection B of 3-101 of Title 26 of the Oklahoma Statutes.  However, such a municipality may, by indicating in its resolution calling an election, choose to follow any provision of state law governing elections conducted by a county election board when the municipality's charter or ordinances are silent on the matter addressed by such provision.  In such instance, if the municipal election or any substantial portion thereof is not conducted by a county election board, the duties required of the county election board or its secretary shall be performed by the municipal authority designated by the municipal governing body and nothing herein shall be construed to require the county election board to perform any such duties.  The residency requirements of Sections 16-109 and 16-110 of this title shall apply to all municipalities except to the extent that such residency requirements are governed by municipal charter.

B.  The provisions of Sections 16-101 through 16-114 of this title shall not apply to any municipality subject to the provisions of the Oklahoma Town Meeting Act; provided, Section 16-103.1 of this title shall apply to such municipalities.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

A.  The provisions of Section 16-101 et seq. of this title shall not apply to any municipality which is governed by charter; provided, that in any election such a municipality may, by indicating in its resolution calling the election, choose to follow any provision of state law governing elections conducted by a county election board when the municipality's charter or ordinances are silent on the matter addressed by such provision.  In such instance, if the municipal election or any substantial portion thereof is not conducted by a county election board, the duties required of the county election board or its secretary shall be performed by the municipal authority designated by the municipal governing body and nothing herein shall be construed to require the county election board to perform any such duties.  The residency requirements of Sections 16-109 and 16-110 of this title shall apply to all municipalities except to the extent that such residency requirements are governed by municipal charter.

B.  The provisions of Sections 16-101 through 16-114 of this title shall not apply to any municipality subject to the provisions of the Oklahoma Town Meeting Act; provided, Section 16-103.1 of this title shall apply to such municipalities.

Added by Laws 1977, c. 256, § 16-102, eff. July 1, 1978.  Amended by Laws 1987, c. 75, § 1, eff. July 1, 1987; Laws 1988, c. 105, § 21, eff. Nov. 1, 1988; Laws 2004, c. 545, § 25, eff. July 1, 2005.

§1116103.  General municipal elections  When held.

General municipal elections shall be held in cities and towns on the first Tuesday in April in each oddnumbered year.

Laws 1977, c. 256, § 16103, eff. July 1, 1978.  

§1116103.1.  Withholding certain monies from city or town that fails to hold municipal election or biennial town meeting.

No monies shall be distributed pursuant to Section 1104 of Title 47 and Section 504 of Title 68 of the Oklahoma Statutes to any incorporated city or town which has failed to hold a general or special municipal election to elect officers as provided in Section 16101 et seq. of this title or a biennial town meeting as provided by the Oklahoma Town Meeting Act, on the dates required by law for four (4) or more years, if a general or special municipal election, or for two consecutive biennial town meetings.  Such monies shall be remitted to the county in which the incorporated city or town is located and deposited to the county highway fund of that county to be used as otherwise provided by law.  An incorporated city or town shall henceforth send the county treasurer of the county in which it is located and the chairman of the Oklahoma Tax Commission, or a persondesignated by the Oklahoma Tax Commission to receive service of process, a copy of the municipality's notice of a biennial town meeting or resolution calling for its regular municipal elections, whichever is appropriate.  The copy of the resolution shall include a notation by the county election board showing that the resolution was received and the date it was received.

Added by Laws 1984, c. 126, § 30, eff. Nov. 1, 1984. Amended by Laws 1987, c. 75, § 2, eff. July 1, 1987; Laws 1988, c. 105, § 22, eff. Nov. 1, 1988; Laws 1988, c. 152, § 3, eff. Nov. 1, 1988.  

§1116104.  Conduct of general municipal elections.

The laws applicable to general elections shall govern general municipal elections except as otherwise provided.  Municipal elected officials, including those from wards as well as at large, shall be elected at large by the registered voters of the entire municipality.

Laws 1977, c. 256, § 16104, eff. July 1, 1978.  

§1116105.  What candidate's name may be placed on general election ballot.

No candidate's name shall be printed upon the official ballot for a general municipal election unless such candidate shall have been nominated by some political party at the primary election or unless his name is presented as an independent candidate as provided in Section 16110 of this title.

Laws 1977, c. 256, § 16105, eff. July 1, 1978.  

§1116105.1.  Elections to be nonpartisan  Primary elections in nonpartisan elections abolished.

Municipal elections shall be nonpartisan and all candidates shall file as independent candidates unless, prior to the date for notifying the county election board of the call for the election, the municipality has in effect an ordinance providing for a partisan primary election consistent with Section 16101 et seq. of Title 11 of the Oklahoma Statutes.  No primary elections shall be held in a nonpartisan election.  Any election proclamation or notice of election providing for a primary election shall be deemed to be amended by operation of this act to delete the call for a primary election unless a copy of the ordinance authorizing the primary election is attached to the election resolution filed with the county election board.  If such a copy is not attached, each candidate shall appear on the ballot as an independent candidate without party or other designation.  Provided, any municipality which is governed by a charter may provide otherwise by charter or ordinance.

Added by Laws 1987, c. 75, § 3, eff. July 1, 1987.  

§1116106.  Unopposed candidates in general election.

Any candidate who is unopposed for an office in a general municipal election shall be deemed elected and certified; and his name shall not appear on the general election ballot.  If there is only one candidate for each of the offices which are to be filled at the election, and no questions are to be voted upon at the election, the general municipal election shall not be held.

Laws 1977, c. 256, § 16106, eff. July 1, 1978.  

§11-16-107.  Primary elections - When held.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

A primary election shall be held in cities and towns on the second Tuesday of February in each odd-numbered year, at which time the several political parties shall nominate candidates for offices which are to be elected at the upcoming general municipal election.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

A primary election shall be held in cities and towns on the first Tuesday of March in each odd-numbered year, at which time the several political parties shall nominate candidates for offices which are to be elected at the upcoming general municipal election.

Added by Laws 1977, c. 256, § 16-107, eff. July 1, 1978.  Amended by Laws 1981, c. 292, § 1; Laws 2004, c. 545, § 26, eff. July 1, 2005.

§11-16-108.  Conduct of primary elections.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

The general laws relating to primary elections shall govern partisan municipal primaries except as otherwise provided.  Party candidates for municipal office, including those from wards as well as at large, shall be nominated at large by the registered voters of the respective parties of the entire municipality.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

The general laws relating to primary elections shall govern municipal primaries except as otherwise provided.  Party candidates for municipal office, including those from wards as well as at large, shall be nominated at large by the registered voters of the respective parties of the entire municipality.

Added by Laws 1977, c. 256, § 16-108, eff. July 1, 1978.  Amended by Laws 2004, c. 545, § 27, eff. July 1, 2005.

§11-16-109.  Eligibility and manner of becoming party candidate.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

To be eligible to become a candidate for a political party nomination in a municipality's partisan primary election, or an independent candidate in such municipality's general election, a person must for at least six (6) months prior to filing a declaration of candidacy be a registered voter at an address within the municipality or in the ward if an office is from a ward.  To become a candidate, a declaration of candidacy must be filed with the county election board no earlier than 8:00 a.m. on the first Monday in December and no later than 5:00 p.m. on the next succeeding Wednesday.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

To be eligible to become a candidate for a political party nomination in the municipality's primary election, a person must for at least six (6) months prior to filing a declaration of candidacy be a registered voter at an address within the municipality or in the ward if an office is from a ward.  To become a party candidate, a declaration of candidacy must be filed with the county election board no earlier than 8:00 a.m. on the first Monday in February and no later than 5:00 p.m. on the next succeeding Wednesday.

Added by Laws 1977, c. 256, § 16-109, eff. July 1, 1978.  Amended by Laws 1981, c. 292, § 2; Laws 1987, c. 75, § 4, eff. July 1, 1987; Laws 2004, c. 545, § 28, eff. July 1, 2005.

§11-16-110.  Nonpartisan candidates.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

A candidate may have his or her name printed upon the nonpartisan general municipal election ballot as candidate for any office to be filled at the election.  To become a candidate, a declaration of candidacy must be filed with the county election board no earlier than 8:00 a.m. on the first Monday in February and no later than 5:00 p.m. on the next succeeding Wednesday.  A candidate must also be a registered voter at an address within the municipality, or of the ward where the office is from a ward for at least six (6) months prior to filing a declaration of candidacy.  Filing as a candidate in a nonpartisan municipal election or voting for such candidate shall not affect one's party affiliation or regularity.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

An independent candidate may have his name printed upon the general municipal election ballot as candidate for any office to be filled at the election.  To become an independent candidate, a declaration of candidacy must be filed with the county election board no earlier than 8:00 a.m. on the first Monday in February and no later than 5:00 p.m. on the next succeeding Wednesday.  An independent candidate must also be a registered voter at an address within the municipality, or of the ward where the office is from a ward for at least six (6) months prior to filing a declaration of candidacy. Filing as an independent candidate in an election or voting for such candidate shall not affect one's party affiliation or regularity.

Added by Laws 1977, c. 256, § 16-110, eff. July 1, 1978.  Amended by Laws 1981, c. 292, § 3; Laws 1987, c. 75, § 5, eff. July 1, 1987; Laws 2004, c. 545, § 29, eff. July 1, 2005.

§11-16-111.  Unopposed candidates in primary election.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

Any candidate who is unopposed for an office in a partisan primary election shall be deemed nominated and so certified; and his or her name shall not appear on the primary election ballot.  If there are unopposed candidates for each of the offices which are up for election, no primary election shall be held.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

Any candidate who is unopposed for an office in a primary election shall be deemed nominated and so certified; and his name shall not appear on the primary election ballot.  If there are unopposed candidates for each of the offices which are up for election, no primary election shall be held.

Added by Laws 1977, c. 256, § 16-111, eff. July 1, 1978.  Amended by Laws 2004, c. 545, § 30, eff. July 1, 2005.

§1116112.  Special elections  Questions which may be submitted.

When the municipal governing body shall deem it advisable, it may, by resolution or ordinance, authorize the mayor to call a special election for the purpose of submitting to the registered voters of the municipality the question of issuing municipal bonds, of granting any franchise, or for any other purpose authorized by law.

Laws 1977, c. 256, § 16112, eff. July 1, 1978. de

§1116113.  Special election ballot  Preparation and arrangement.

The ballot for a special election shall be prepared by the secretary of the county election board and shall set forth the proposition or propositions to be voted upon, and if more than one proposition is submitted, they shall be arranged so that each proposition may be voted upon separately.

Laws 1977, c. 256, § 16113, eff. July 1, 1978.  

§11-16-114.  Conduct of special elections held for electing officers.

The following text becomes effective July 1, 2005

(For text effective until July 1, 2005, see below)

A.  When the office of a municipal elected official is to be filled at a special partisan election, the resolution or order of the governing body calling the election shall contain the following facts:

1.  A filing period of three (3) days, on a Monday, Tuesday and Wednesday, not less than fifteen (15) days from the date of the resolution or order;

2.  The date of the Special Primary Election not less than forty-five (45) days after the close of the filing period; and

3.  The date of the Special General Election, not less than forty-five (45) days after the date of the Primary Election.  A copy of the resolution or order shall be filed with the secretary of the county election board not less than sixty (60) days preceding the date of the special primary election.  The election shall be conducted under the laws applicable to general municipal elections.

B.  When the office of a municipal elected official is to be filled at a special nonpartisan election, the resolution or order of the governing body calling the election shall contain the following facts:

1.  A filing period of three (3) days, on a Monday, Tuesday and Wednesday, not less than fifteen (15) days from the date of the resolution or order;

2.  The date of the special general election, not less than forty-five (45) days after the close of the filing period.  A copy of the resolution or order shall be filed with the secretary of the county election board not less than sixty (60) days preceding the date of the special general election.

C.  Special municipal elections may be called only on dates established by subsection B of Section 3-101 of Title 26 of the Oklahoma Statutes.

The following text is effective until July 1, 2005

(For text effective July 1, 2005, see above)

When the office of a municipal elected official is to be filled at a special election, the resolution or order of the governing body calling the election shall contain the following facts:

1.  A filing period of three (3) days, on a Monday, Tuesday and Wednesday, not less than fifteen (15) days from the date of the resolution or order;

2.  The date of the Special Primary Election, if any, not less than thirty (30) days after the close of the filing period; and

3.  The date of the Special General Election, not less than thirty (30) days after the date of the Primary Election, if any, but if no primary election is called, not less than thirty (30) days after the close of the filing period.

A copy of the resolution or order shall be filed with the secretary of the county election board.  The election shall be conducted under the laws applicable to general municipal elections.

Added by Laws 1977, c. 256, § 16-114, eff. July 1, 1978.  Amended by Laws 1981, c. 292, § 4; Laws 1987, c. 75, § 6, eff. July 1, 1987; Laws 2004, c. 545, § 31, eff. July 1, 2005.

§1116201.  Aldermanic cities with one councilmember per ward  Officers to be elected  Terms.

In a statutory aldermanic city with one (1) councilmember per ward, the terms of the elected officers shall be staggered so that at any one general municipal election, the following officers are to be elected for fouryear terms:

1.  Councilmembers from oddnumbered wards;

2.  The mayor;

3.  The clerk;

4.  The marshal; and

5.  The street commissioner.

At the next general municipal election, the following officers are to be elected for fouryear terms:

1.  Councilmembers from evennumbered wards; and

2.  The treasurer.

If the office of treasurer has been consolidated with any other office, elections for the office of treasurer and the office with which it has been consolidated shall be held at the time the election to fill the other office is held.  The term of the consolidated office shall be concurrent with the term of the other office.

Laws 1977, c. 256, § 16201, eff. July 1, 1978.  

§1116202.  First election held in aldermanic cities with one councilmember per ward.

At the first general municipal election held in the oddnumbered year following adoption of the aldermanic form of government with one (1) councilmember per ward, the officers to be elected and their terms are as follows:

1.  Fouryear terms:  Councilmembers from oddnumbered wards; the mayor; the clerk; the marshal; and the street commissioner.

2.  Twoyear terms:  Councilmembers from evennumbered wards; and the treasurer.

At general municipal elections held thereafter, the successors of the officers whose terms are expiring shall be elected for fouryear terms.

Laws 1977, c. 256, § 16202, eff. July 1, 1978.  

§1116203.  Aldermanic cities with two councilmembers per ward  Officers to be elected  Terms.

In a statutory aldermanic city with two councilmembers per ward, the terms of the elected officers shall be staggered so that at any one general municipal election, the following officers are to be elected for fouryear terms:

1.  One (1) councilmember from each ward of the city;

2.  The mayor;

3.  The clerk;

4.  The marshal; and

5.  The street commissioner.

At the next general municipal election, the following officers are to be elected for fouryear terms:

1.  One councilmember from each ward of the city; and

2.  The treasurer.

If the office of treasurer has been consolidated with any other office, elections for the office of treasurer and the office with which it has been consolidated shall be held at the time the election to fill the other office is held.  The term of the consolidated office shall be concurrent with the term of the other office.

Laws 1977, c. 256, § 16203, eff. July 1, 1978.  

§1116204.  First election held in aldermanic cities with two councilmembers per ward - Terms of office.

A.  At the first general municipal election held in the oddnumbered year following adoption of the aldermanic form of government with two councilmembers per ward, the officers to be elected and their terms are as follows:

1.  Four-year terms:  One councilmember from each ward of the city; the mayor; the clerk; the marshal; and the street commissioner.

2.  Two-year terms:  One councilmember from each ward of the city; and the treasurer.

At general municipal elections held thereafter, the successors of the officers whose terms are expiring shall be elected for fouryear terms.

B.  The governing body of a municipality with an aldermanic form of government shall provide that the office of the clerk, at the next election after the effective date of this act, be elected to one six-year term followed by four-year terms thereafter, if the clerk and the mayor are currently on the same election cycle.

Added by Laws 1977, c. 256, § 16204, eff. July 1, 1978.  Amended by Laws 2005, c. 97, § 1, eff. Nov. 1, 2005.

§1116205.  Towns  Officers to be elected  Terms.

In a statutory town, the terms of the elected officers shall be staggered so that at any one general municipal election, the following officers are to be elected for fouryear terms:

1.  Trustees from oddnumbered wards; and

2.  The clerk.

At the next general municipal election, the following officers are to be elected for fouryear terms:

1.  Trustees from evennumbered wards; and

2.  The treasurer.

If the office of treasurer has been consolidated with any other office, elections for the office of treasurer and the office with which it has been consolidated shall be held at the time the election to fill the other office is held.  The term of the consolidated office shall be concurrent with the term of the other office.

Laws 1977, c. 256, § 16205, eff. July 1, 1978.  

§1116206.  First election held in town.

At the first general municipal election held in the oddnumbered year following adoption of the town board of trustees form of government, the officers to be elected and their terms are as follows:

1.  Fouryear terms:  Trustees from oddnumbered wards; and the clerk.

2.  Twoyear terms:  Trustees from evennumbered wards; and the treasurer.

At general municipal elections held thereafter, the successors of the officers whose terms are expiring shall be elected for fouryear terms.

Laws 1977, c. 256, § 16206, eff. July 1, 1978.  

§1116207.  Aldermanic cities and towns  Appointment of certain officials after submission to vote.

A.  The city council of any city may provide by ordinance for the submission to a vote of the registered voters of the city the question of providing for the appointment by the mayor, with the approval of the council, of the city marshal, the street commissioner, the city clerk, the city treasurer, or the city clerktreasurer.

B.  The board of trustees of any town may provide by ordinance for the submission to a vote of the registered voters of the town the question of providing for the appointment by the board of trustees of the town clerk, the town treasurer or the town clerktreasurer.

C.  The question of appointing each official shall be submitted separately on the ballot.  The question providing for the appointment of the clerk or the treasurer may be consolidated into one question provided the two offices are to be consolidated into the office of clerktreasurer.  The question providing for the appointment of any official shall read substantially as follows:

Shall the (Marshal, Street Commissioner, Clerk, Treasurer, ClerkTreasurer) be appointed by the (mayor, with the approval of the council, board of trustees)?

( ) Yes.

( ) No.

If a majority of the votes cast are in favor of appointment to the office, the appointive position shall take effect at the end of the current term of the office.  In cities, the appointive officer shall be appointed and may be removed by the mayor, with the approval of the council.  In towns, the appointment and removal shall be by a majority vote of all the members of the board of trustees.

Laws 1977, c. 256, § 16207, eff. July 1, 1978.  

§1116208.  Councilmanager cities  Officers to be elected  Terms.

In a statutory councilmanager city, the terms of the elected officers shall be staggered so that at any one general municipal election, the following officers are to be elected for fouryear terms:

1.  Councilmembers from Wards One, Two and Five (if one).

At the next general municipal election, the following officers are to be elected for fouryear terms:

1.  Councilmembers from Wards Three, Four and Six (if one); and 2.  The councilmember at large.

Laws 1977, c. 256, § 16208, eff. July 1, 1978.  

§1116209.  First election held in councilmanager city.

At the first general municipal election held in the oddnumbered year following adoption of the statutory councilmanager form of government, the officers to be elected and their terms are as follows:

1.  Fouryear terms:  Councilmembers from Wards One, Two and Five (if one).

2.  Twoyear terms:  Councilmembers from Wards Three, Four and Six (if one); and the councilmember at large.

At general municipal elections held thereafter, the successors of the officers whose terms are expiring shall be elected for fouryear terms.

Laws 1977, c. 256, § 16209, eff. July 1, 1978.  

§1116210.  Strongmayorcouncil cities   Officers to be elected  Terms.

In a statutory strongmayorcouncil city, the terms of the elected officers shall be staggered so that at any one general municipal election, the following officers are to be elected for fouryear terms:

1.  Councilmembers from Wards One, Two and Five (if one).

At the next general municipal election, the following officers are to be elected for fouryear terms:

1.  Councilmembers from Wards Three, Four and Six (if one); and 2.  The mayor.

Laws 1977, c. 256, § 16210, eff. July 1, 1978.  

§1116211.  First election held in strongmayorcouncil city.

At the first general municipal election held in the oddnumbered year following adoption of the statutory strongmayorcouncil form of government, the officers to be elected and their terms are as follows:

1.  Fouryear terms:  Councilmembers from Wards One, Two and Five (if one).

2.  Twoyear terms:  Councilmembers from Wards Three, Four and Six (if one); and the mayor.

At general municipal elections held thereafter, the successors of the officers whose terms are expiring shall be elected for fouryear terms.

Laws 1977, c. 256, § 16211, eff. July 1, 1978.  

§1116212.  Councilmanager and strongmayorcouncil cities  Form of general municipal election ballot.

The ballots for the general election in a statutory councilmanager or statutory strongmayorcouncil city shall be of the office block type, listing the names of independent candidates and party nominees for each office under the respective office without party designation or emblems as follows:

For Councilmember from Ward One

(Vote for One)

______ Name of independent candidate or party nominee

______ Name of independent candidate or party nominee

For Councilmember from Ward Two

(Vote for One)

______ Name of independent candidate or party nominee

______ Name of independent candidate or party nominee

Laws 1977, c. 256, § 16212, eff. July 1, 1978.  

§1116213.  Transitional provisions for municipalities not in conformance with general election or town meeting procedure.

A.  If the term of an elected officer as set forth in the notice of the last election for the office will expire in an evennumbered year, a regular municipal election or town meeting, if the municipality is subject to the Oklahoma Town Meeting Act, shall be held in order to elect a successor.  The term of the successor shall be either three (3) or five (5) years as necessary in order to comply with the provisions of Section 16101 et seq. of this title. Thereafter, the term of said office shall be four (4) years.  Any such election or town meeting held in an evennumbered year shall be conducted in the manner provided by law applicable to municipal elections or town meetings, whichever is appropriate.

B.  If the term of an elected officer as set forth in the notice of the last election for the office will expire in an oddnumbered year, but the term of office does not coincide with the offices named in Section 16201 et seq. of this title, a regular municipal election or town meeting shall be held in order to elect a successor. The term of the successor shall be either two (2) or four (4) years as necessary in order to comply with the provisions of Section 16101 et seq. of this title.  Thereafter, the term of said office shall be four (4) years.

Amended by Laws 1984, c. 126, § 31, eff. Nov. 1, 1984; Laws 1988, c. 105, § 23, eff. Nov. 1, 1988.  

§1116301.  Short title.

Sections 1 through 15 of this act shall be known and may be cited as the "Oklahoma Town Meeting Act".

Added by Laws 1988, c. 105, § 1, eff. Nov. 1, 1988.  

§1116302.  Municipalities required to hold town meetings  Election  Ordinance providing alternative procedure  Repeal of ordinance.

A.  Except as otherwise provided in this act, Section 16301 et seq. of this title, sixty (60) days after the effective date of this act, all municipalities with fewer than one thousand (1,000) residents, according to the latest Federal Decennial Census, that are not governed by charter, shall elect officers and consider questions raised by initiative or referendum, pursuant to Section 15101 et seq. of this title, at biennial town meetings or special town meetings of the voters of each municipality as provided in this act.  Provided, that a municipality of fewer than one thousand (1,000) residents may at any time adopt an ordinance requiring that its officers shall be elected and initiative and referendum questions shall be decided only through elections conducted by the county election board pursuant to Section 16101 et seq. of this title.  Any municipality that passes an ordinance pursuant to this section shall upon adoption of the ordinance provide a copy of the ordinance to the county election board of the county in which the municipality is located.

B.  If the ordinance is repealed, elections of the municipality shall be at a town meeting. The municipality shall provide a copy of the repealer to the county election board of the county in which the municipality is located.  If a municipality with fewer than one thousand (1,000) residents fails to hold its regular municipal elections as required by law, the municipality shall be subject to the provisions of the Oklahoma Town Meeting Act, Section 16301 et seq. of this title; provided, further, that such municipality may adopt a resolution requiring that its elections be conducted by the county election board as provided in this section.

Added by Laws 1988, c. 105, § 2, eff. Nov. 1, 1988. Amended by Laws 1989, c. 78, § 1, emerg. eff. April 17, 1989.  

§1116303.  Time for town meeting  Purpose - Special town meetings.

In municipalities subject to the provisions of Section 16-301 et seq. of this title, a biennial town meeting of the voters shall be held on the first Tuesday in April in each oddnumbered year for the purpose of electing municipal officers and considering questions raised by initiative or referendum pursuant to Section 15101 et seq. of this title.

In addition to the election proceedings of said meeting the mayor or presiding officer may upon compliance with the Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes and other provisions appropriate to the law, conduct regular business meetings or any other town business which would be in order and of interest to those citizens in attendance.  Special town meetings for these purposes may be called at other times as provided in this act.

Added by Laws 1988, c. 105, § 4, eff. Nov. 1, 1988; Amended by Laws 1990, c. 22, § 1, emerg. eff. March 29, 1990.

§1116304.  Notice  Publication  Posting  Contents.

Notice of the biennial town meeting or special town meeting for the purposes of electing officers and considering initiative or referendum questions shall be given by the governing body of the municipality in accordance with the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes.  The notice shall be signed by a majority of the members of the governing body.

In addition to the requirements of the Oklahoma Open Meeting Act, notice of the biennial town meeting and any special town meeting shall be given by publishing notice of the meeting stating the date, time, place and agenda in a newspaper of general circulation in the municipality at least ten (10) days before the date of the meeting.  If there is no newspaper of general circulation in the municipality, the notice shall be given by posting a copy of the notice and agenda in at least five (5) public places in the municipality.  The notice shall list the offices to be filled, including the number of officers to be elected for fouryear terms and the number of officers to be elected to fill unexpired terms, and the questions to be voted on, if any.

Added by Laws 1988, c. 105, § 4, eff. Nov. 1, 1988.  

§1116305.  Presiding officer  Minutes  Officers  Voting  Registration requirements  False affidavits.

A.  When a municipality fails to hold a biennial meeting on the first Tuesday of April in an oddnumbered year, the governing body shall immediately schedule and give notice of a special town meeting for the purpose of electing officers.  Such notice shall be in accordance with Section 4 of this act.

B.  If the governing body fails or refuses to hold a biennial or special town meeting for the purpose of electing officers, the board of county commissioners of the county in which the municipality is located shall call a town meeting for the purpose of electing officers.  The sheriff, or his deputy, of the county in which the municipality is located shall attend any town meeting called by the board of county commissioners, and if the municipal officers fail to conduct the meeting, shall moderate the meeting.

Added by Laws 1988, c. 105, § 5, eff. Nov. 1, 1988.  

§1116306.  Presiding officer  Rules of order, conduct and decorum  Minutes  Ballots  Nomination and election of officials  False affidavits.

A.  Except as otherwise provided in this act, Section 16301 et seq. of this title, the mayor shall be the presiding officer of town meetings, shall decide questions of order and shall make public declaration of votes taken.  Robert's Rules of Order shall govern all town meetings, except when such rules are inconsistent with Oklahoma law.  The presiding officer may establish other rules of conduct and decorum for the meetings consistent with the Oklahoma Town Meeting Act, Section 16301 et seq. of this title.  When the office of mayor is vacant or if the mayor is unable to attend the town meeting, one of the members of the governing body shall be elected by the remaining members of the governing body to preside over the town meeting.

B.  The municipal clerk shall keep the minutes of the meeting.  The minutes shall separately record the number of votes for and against each candidate and each question and shall record the total number of votes cast for each position.  Paper ballots shall be preserved in the municipal clerk's office for a period of six (6) months following the town meeting at which said ballots were cast.

C.  Officials elected at town meetings shall be nominated and elected at large by the registered voters present from nominations taken from the floor.  Prior to accepting any nominations the presiding officer shall state the number of governing body offices to be elected for fouryear terms and the number of governing body offices to be elected to fill unexpired terms, if any.  There shall be separate nominations and balloting for each designated term.  The nominee who receives a plurality of the votes cast for the office of the designated term shall be elected for that designated term.  If more than one office is to be filled for a designated term, the voters shall vote for the designated number of offices to be filled and, the nominees receiving the largest pluralities shall be elected to those offices.  All votes shall be taken by secret ballot; provided that if there is only one candidate for an office, he or she may be elected by acclamation upon proper motion.  In case of a tie vote, the municipal clerk shall immediately select the electee or electees by lot as follows:  The clerk shall write or print the names of the tied nominees on similar pieces of paper and place the papers in a container in view of the persons attending the town meeting.  The clerk shall designate a person, who shall not be one of the nominees, to draw one name for each office to be filled and the nominee or nominees whose names are so drawn shall be deemed elected.  All other papers in the container shall then be exposed for examination.  Only a registered voter who has been a registered voter at an address within the municipality for at least six (6) months prior to the date of the town meeting at which the elections are held shall be qualified for nomination for office.  To be eligible for election, any person who is nominated for office must swear under oath that he or she has been a registered voter at an address within the municipality for the last six (6) months.  Only qualified registered voters who are present at the town meeting at which the elections are held shall be eligible for nomination for municipal office, provided that a qualified registered voter who is not present may be nominated if he or she has agreed in writing to accept the office if elected and has sworn an affidavit that he or she has been a registered voter at an address within the municipality for the last six (6) months.  Any person who falsely swears or signs a false affidavit that the person is qualified for municipal office shall be guilty of a felony.

Added by Laws 1988, c. 105, § 6, eff. Nov. 1, 1988.  Amended by Laws 1989, c. 78, § 2, emerg. eff. April 17, 1989; Laws 1997, c. 133, § 128, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 128 from July 1, 1998, to July 1, 1999.

§11-16-307.  Voting eligibility - Town meeting pollbook - Illegal voting - Penalty.

A.  The presiding officer at a town meeting shall follow reasonable and necessary procedures to ensure that persons who are not registered voters of the town do not vote.  Registered voters shall be seated in a clearly marked area separate from persons not registered to vote.

B.  To be eligible to vote at a town meeting, a person must be registered with the county election board at an address located within the municipality.  Before being seated in the section reserved for registered voters, each voter shall sign his or her name in a town meeting pollbook, said signature to constitute a sworn affidavit on the part of the voter that he or she is eligible to vote at the election.  The pollbook shall be prepared by the municipal clerk.  For such purpose, the municipal clerk or designee of the municipal clerk shall be authorized to administer the oath or affirmation contained in the affidavit.  The town meeting pollbook shall be on file in the office of the municipal clerk and shall be open to public inspection during reasonable office hours; provided, however, that such town meeting pollbooks may be destroyed by the municipal clerk at the end of six (6) months from the date of the election wherein such town meeting pollbook was used.  Any person knowingly voting illegally or found guilty of casting more than one vote for any office or on any question considered at the meeting shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not to exceed thirty (30) days or both such fine and imprisonment.

Added by Laws 1988, c. 105, § 7, eff. Nov. 1, 1988.  Amended by Laws 2002, c. 447, § 1, emerg. eff. June 5, 2002.

§1116308.  Election of municipal officers.

A person present at the meeting electing him or her to municipal office shall be treated as accepting, unless he or she declines before the meeting is adjourned.  When not present, he or she shall be served as soon as possible with a written notice of election, signed and mailed by the municipal clerk.  No person elected shall assume the duties of the office until he or she has signed the oath of office as required by law.

Added by Laws 1988, c. 105, § 8, eff. Nov. 1, 1988.  

§1116309.  Filing of list of municipal officers elected  Notification of changes in list.

The municipal clerk shall file with the secretary of the county election board a list of the names and addresses of the municipal officers elected and shall notify the secretary of the county election board of any changes in the list as filed.

Added by Laws 1988, c. 105, § 9, eff. Nov. 1, 1988.  

§1116310.  Contest of election by nominee.

Any person nominated for municipal office may, at any time before 5:00 p.m. of the third business day following the town meeting in which he or she was nominated, contest the correctness of the announced results of said election by filing a written petition with the district court of any county in which the municipality is located.

Added by Laws 1988, c. 105, § 10, eff. Nov. 1, 1988.  

§1116311.  Petition alleging fraud  Bond  Hearing  Answer  Judgment  Ineligibility for office  Liability of contestant  Damages.

When a petition alleging fraud is filed, said petition must be accompanied by a cash bond of Five Thousand Dollars ($5,000.00), running in favor of the contestee and conditioned upon payment of any and all liabilities or judgments arising from the contest so filed.  In said petition, contestant must allege the specific act constituting such alleged fraud and the names of the alleged perpetrators of such fraud.  If such petition is filed in the manner herein provided, the district judge of the county in which the alleged fraud occurred, or such other judge as may be assigned by the Supreme Court, shall hear and determine said issue without delay or continuance of more than one (1) day.  On the day of such hearing, the contestee may file answer to such petition or may file cross petition, setting forth in detail, as required of a petitioner herein, such claim of fraud.  An original petition or cross petition must be under oath and under penalty of perjury. The judge shall try and determine the issues formed by such pleadings and render such judgment as he or she may deem just and proper, according to the evidence submitted.  The decision of said district judge shall be final as to any changes in the total votes, and a copy of such judgment and decision shall be furnished the officer who presided at the town meeting. In any case where fraud is proved on the part of a nominee, he or she shall be declared ineligible for the office for which he or she was nominated.  In all cases where a petition is filed which alleges fraud, but after hearing said allegations are not reasonably sustained by competent evidence, the contestant shall be civilly liable in damages to the contestee for all damages sustained, including a reasonable attorney fee and all reasonable and proper costs of conducting such contest; and in the event it be alleged and found that such petition was frivolous in nature, the contestee may also be allowed punitive damages to be paid by said petitioner.

Added by Laws 1988, c. 105, § 11, eff. Nov. 1, 1988.  

§1116312.  Petition alleging irregularities other than fraud  Sufficiency of allegations  Hearing.

When a petition alleging irregularities other than fraud is filed, the petition must allege a sufficient number of irregularities and of such nature as to:

1.  Prove that the contestant is lawfully entitled to be announced the winner; or

2.  Prove that it is impossible to determine with mathematical certainty which nominee is entitled to be announced the winner. Proof of failure of the presiding officer to take the vote by a paper ballot shall be sufficient proof of this requirement.

If such allegations are not made, the petition shall be deemed frivolous by the presiding judge and shall be dismissed.  Said petition must set forth specific allegations of irregularities.  If said petition is filed in the manner herein provided, the district judge of the county or such other judge as may be assigned by the Supreme Court shall hear and determine said issue in the same manner as provided for a petition alleging fraud.

Added by Laws 1988, c. 105, § 12, eff. Nov. 1, 1988. Amended by Laws 1989, c. 78, § 3, emerg. eff. April 17, 1989  

§1116313.  Impossibility of determining winner  Special town meeting to fill contested office.

In the event, after a hearing is conducted pursuant to Section 11 or 12 of this act, it is deemed impossible to determine who should be announced the winner, the judge shall notify the presiding officer of the town meeting of the same.  It shall then be the duty of the presiding officer to call a special town meeting for the purpose of filling the contested office, provided that any nominee upon whom fraud has been proved shall not be a nominee in the new election.

Added by Laws 1988, c. 105, § 13, eff. Nov. 1, 1988.  

§1116314.  Omission of or noncompliance with notice requirements  Correction  Rectification of other errors and omissions  Validation of business of original action.

When any of the requirements of this act as to notice of a biennial or special town meeting have been omitted or not complied with, the omission or noncompliance, if the meeting and the business transacted at it is otherwise legal and within the scope of the municipal powers, may be corrected and legalized by a majority vote of the registered voters present at a regular town meeting or special town meeting of the municipality called for that purpose, with notice as required by Section 4 of this act.  The question to be voted upon shall substantially be, "Shall the action taken at the meeting of this town held on (state date) in spite of the fact that (state error or omission), and any act or action of the municipal officers or agents pursuant thereto be readopted, ratified and confirmed?".  Errors or omissions in the conduct of an original meeting which are not the result of an unlawful notice or noncompliance within the scope of the notice, may be rectified by a resolution of the governing body of the municipality passed by a majority of the members of the governing body at a regular meeting or a special meeting called for that purpose, stating that the defect was the result of oversight, inadvertence or mistake.  When an error or omission of this nature has been thus corrected by resolution, all business within the terms of the action of the qualified voters shall be as valid as if the requirements had been initially complied with, on condition, however, that the original action thereby corrected by the governing body was in compliance with the legal exercise of its governing powers.

Added by Laws 1988, c. 105, § 14, eff. Nov. 1, 1988.  

§1116315.  Elections to be conducted by county election board  Option to be conducted at town meeting.

Whenever in Title 11 of the Oklahoma Statutes provisions are made for election of officers or consideration of questions at elections conducted by the county election board pursuant to Section 16101 et seq. of Title 11 of the Oklahoma Statutes, such elections may be held or questions considered at biennial or special town meetings, if the municipality is subject to the provisions of this act.

Added by Laws 1988, c. 105, § 15, eff. Nov. 1, 1988.  

§1117101.  Borrowing or appropriating monies  Investments  Deposit of monies.

A.  Any act of a municipal governing body which provides for the borrowing of monies or for appropriating monies shall not be valid unless a majority of the governing body of the municipality votes in favor of the action.  The municipal governing body may not appropriate or draw any order on the treasurer for monies unless the same has been appropriated in the manner provided by law or ordered in pursuance of some object provided for by law.

B.  A municipality may invest its funds in any bond, note, or other evidence of indebtedness issued by those agencies, authorities, instrumentalities, or public entities whose governing boards are appointed by the municipality or issued by any public trust of which it is sole beneficiary, excluding obligations which are industrial development bonds as defined in the provisions of Section 103 of the Internal Revenue Code of 1953, as amended, and regulations promulgated thereto.

C.  If a municipality has established a system for the separate accounting of monies by fund sources that has been certified by the auditor of the municipality, the treasurer of such municipality acting as an officer of the municipality or as agent of any instrumentality or public trust of the municipality may deposit into one or more accounts of an authorized depository all monies coming into his custody.  Unless otherwise provided for by law, interest earnings shall be prorated according to fund source.

Amended by Laws 1984, c. 126, § 32, eff. Nov. 1, 1984.  

§11-17-102.  Payment of invoice or account - Petty cash accounts.

A.  Any invoice against a municipality must be presented in writing and examined in the manner provided by municipal ordinance or in absence of such ordinance by other applicable law.  The municipal ordinance shall establish an internal control structure adequate to provide reasonable assurance against unauthorized or illegal payments of invoices.  Except as otherwise provided for in this subsection, monies may be drawn from the municipal treasury only upon a proper warrant as provided by law.  In lieu of issuing such warrant, a municipality may process payment by check, wire transfer, direct payroll deposit, or other instrument or method of disbursement through the Federal Reserve System.

B.  The warrant, check, or other instrument shall be prepared and issued in accordance with procedures and requirements provided by municipal ordinance or in absence of such ordinance, by other applicable law.  The municipal warrant or municipal check shall be signed by the officer designated in the ordinance or in the absence of such ordinance, by the municipal treasurer.  The provisions of state law on uniform facsimile signatures of public officials, Sections 601 through 606 of Title 62 of the Oklahoma Statutes, shall be applicable to instruments authorized by this section.

C.  Unless alternate procedures have been enacted by municipal ordinance and a majority or all of governing body offices in a municipality become vacant, thereby preventing approval of amounts lawfully owing on invoices, the interim mayor or the remaining governing body members, as the case may be, may authorize emergency payments of amounts owing on invoices for a period not to exceed ninety (90) days after the date that a majority of the offices become vacant or, if an election cannot be held within the ninety (90) days in accordance with state law, until successors to at least a majority of the governing body offices have been elected and qualified.  The interim mayor or the remaining governing body members may also authorize payment of payroll, utility bills, or other usual and regular obligations of the municipality.  Any such authorization and payment shall not exceed the unencumbered and unexpended balance of the appropriation made for that purpose, nor may the total amount of such emergency authorizations and payments exceed fifteen percent (15%) of the total appropriations approved for the town government for the fiscal year.  Any warrant, check or other instrument issued pursuant to this section shall state that it is being issued under emergency circumstances and by special authority of this section.

D.  A municipality shall have the authority to establish petty cash accounts in amounts established by the governing body for use in making payments for costs incurred in operating the municipality.  The petty cash accounts shall be reimbursed by utilizing properly itemized invoices or petty cash voucher slips and processing the reimbursement in accordance with the provisions of subsection A of this section.

Added by Laws 1977, c. 256, §17-102, eff. July 1, 1978.  Amended by Laws 1980, c. 226, § 1, emerg. eff. May 27, 1980; Laws 1985, c. 82, § 1, eff. Nov. 1, 1985; Laws 1988, c. 105, § 24, eff. Nov. 1, 1988; Laws 1991, c. 124, § 1, eff. July 1, 1991; Laws 1996, c. 52, § 1, emerg. eff. April 8, 1996.

§1117103.  Actions against municipality.

No costs may be recovered against a municipality, in any action brought against it, for any unliquidated claim which has not been presented to the governing body for auditing, nor for claims allowed in part unless the recovery shall be for a greater sum than the amount allowed with the interest due.  No action may be maintained against a municipality in exercising or failing to exercise any corporate power or authority where such action would not lie against a private individual under like circumstances.

Laws 1977, c. 256, § 17103, eff. July 1, 1978.  

§1117104.  Liability for voting unlawful claims.

Any governing body member who intentionally votes to appropriate money or to allow any bill or claim which is not authorized by law shall be personally liable to the municipality for the amount of such money appropriated, or bills or claims allowed, with costs of suit, in an action before any court of competent jurisdiction.

Laws 1977, c. 256, § 17104, eff. July 1, 1978.  

§11-17-105.  Annual financial statement audit or agreed-upon-procedures engagement.

A.  The governing body of each municipality with an income of Twenty-five Thousand Dollars ($25,000.00) or more to its general fund during a fiscal year shall cause to be prepared, by an independent licensed public accountant or a certified public accountant, an annual financial statement audit to be conducted in accordance with auditing standards generally accepted in the United States of America and "Government Auditing Standards" as issued by the Comptroller General of the United States.  Such audit shall be ordered within thirty (30) days of the close of each fiscal year.  Copies shall be filed with the State Auditor and Inspector within six (6) months after the close of the fiscal year in accordance with the provisions of Sections 3022 and 3023 of Title 68 of the Oklahoma Statutes and with the governing body of the municipality.

B.  The governing body of each municipality with an income of Twenty-five Thousand Dollars ($25,000.00) or more to its general fund during a fiscal year and with a population of less than two thousand five hundred (2,500) as of the most recent Federal Decennial Census, and for whom an annual financial statement audit is not required by another law, regulation or contract, shall cause to be prepared, by an independent licensed public accountant or a certified public accountant, an annual financial statement audit in accordance with auditing standards generally accepted in the United States and Government Auditing Standards as issued by the Comptroller General of the United States, or an agreed-upon-procedures engagement over certain financial information and compliance requirements to be performed in accordance with the applicable attestation standards of The American Institute of Certified Public Accountants, and the fieldwork and reporting standards in Government Auditing Standards.  The specific procedures to be performed are as follows for the fiscal year:

1.  Prepare a schedule of changes in fund balances for each fund and determine compliance with the statutory prohibition of creating fund balance deficits;

2.  Prepare a budget and actual financial schedule for the General Fund and any other significant funds listing separately each federal fund and determine compliance with the legal level of appropriations by comparing expenditures and encumbrances to authorized appropriations;

3.  Agree material bank account balances to bank statements, and trace significant reconciling items to subsequent clearance;

4.  Compare uninsured deposits to fair value of pledged collateral;

5.  Compare use of material-restricted revenues and resources to their restrictions;

6.  Determine compliance with requirements for separate funds; and

7.  Determine compliance with reserve account and debt service coverage requirements of bond indentures.

Such audit or agreed-upon-procedures engagement shall be ordered within thirty (30) days of the close of each fiscal year.  Copies shall be filed with the State Auditor and Inspector within six (6) months after the close of the fiscal year in accordance with the provisions of Sections 3022 and 3023 of Title 68 of the Oklahoma Statutes and with the governing body of the municipality.

Added by Laws 1977, c. 256, § 17-105, eff. July 1, 1978.  Amended by Laws 1979, c. 30, § 1, emerg. eff. April 6, 1979; Laws 1984, c. 125, § 1, emerg. eff. April 10, 1984; Laws 1987, c. 110, § 1, eff. Nov. 1, 1987; Laws 1991, c. 124, § 2, eff. July 1, 1991; Laws 2005, c. 459, § 1, eff. July 1, 2005.

§11-17-105.1.  Filing of audit or agreed-upon-procedures report - Form.

An auditor shall file with the State Auditor and Inspector, at the same time a certified copy of an audit or agreed-upon-procedures report is filed as required in Section 17105 of this title, two copies of a prescribed form setting forth for the fiscal year audited the funds available to the municipality and the use of those funds.  The form shall also include information relating to the duly constituted authorities of the municipality and shall be on a form approved by the State Auditor and Inspector.  Copies of said audit and the form shall be made available for public inspection by the municipality and the State Auditor and Inspector.  The State Auditor and Inspector may contract for the compilation and reporting of the information submitted on the form.

Added by Laws 1984, c. 125, § 2, emerg. eff. April 10, 1984.  Amended by Laws 2005, c. 459, § 2, eff. July 1, 2005.

§11-17-106.  Repealed by Laws 1991, c. 124, § 35, eff. July 1, 1991.

§11-17-106.1.  Independent audit reports relating to federal awards compliance - Form required.

Independent auditor's reports relating to federal awards compliance will be in a form consistent with the auditors' reports in the most recent audit guide for state and local governments prepared by The American Institute of Certified Public Accountants.  State agencies or other pass-through grantors of federal awards will not place auditing requirements on a municipality, in addition to the required reports and schedules of federal awards expended, without approval of the State Auditor and Inspector.

Added by Laws 1991, c. 124, § 3, eff. July 1, 1991.  Amended by Laws 2005, c. 459, § 3, eff. July 1, 2005.

§11-17-107.  Failure to file audit or agreed-upon-procedures report.

If a municipality does not file a copy of its audit or agreed-upon-procedures report as provided in Section 17-105 of this title, the State Auditor and Inspector shall notify the Oklahoma Tax Commission which shall withhold from the municipality its monthly allocations of gasoline taxes until the audit report is filed.  If a report is not filed within two (2) years after the close of the fiscal year, the funds being withheld shall be remitted by the Oklahoma Tax Commission to the county in which the incorporated city or town is located and deposited to the county highway fund of that county to be used as otherwise provided by law.

Added by Laws 1977, c. 256, § 17-107, eff. July 1, 1978.  Amended by Laws 1979, c. 30, § 2, emerg. eff. April 6, 1979; Laws 1993, c. 146, § 2; Laws 2005, c. 459, § 4, eff. July 1, 2005.

§1117108.  Trusts exempt.

The requirements of Sections 17105 through 17107 of this title shall not apply to trusts of which a city or town is the beneficiary, the same being covered under Section 180.1 of Title 60 of the Oklahoma Statutes.

Laws 1977, c. 256, § 17108, eff. July 1, 1978.  

§1117109.  Capital improvement fund  Authority to create.

The municipal governing body may create a capital improvement fund and place in the fund any money available to the municipality.  Money in the fund may be accumulated from year to year.  The fund shall be nonfiscal and shall not be considered in computing any levy when the municipality makes its estimate to the excise board for needed appropriations.  Money in the capital improvement fund may be expended for any capital improvement.

Laws 1977, c. 256, § 17109, eff. July 1, 1978; Laws 1991, c. 124, § 4, eff. July 1, 1991.

§1117110.  Capital improvements  Definitions.

For the purpose of creating a capital improvement fund and expending money therefrom, capital improvement shall mean all items and articles, either new or replacements, not consumed with use but only diminished in value with prolonged use, including but not limited to roads and streets, drainage improvements, water and sewerage improvements, machinery, equipment, furniture and fixtures, all real property, all construction or reconstruction of buildings, appurtenances and improvements to real property, the cost and expenses related thereto of rightsofway or other real property, engineering, architectural or legal fees, and payment for improvements for which subsequent reimbursement is made to the capital improvement fund.

Laws 1977, c. 256, § 17110, eff. July 1, 1978.  

§11-17-111.  Repealed by Laws 1991, c. 124, § 35, eff. July 1, 1991.

§1117112.  Manufacturing establishments and public utilities  Exemption from municipal taxation.

Any municipality may, by a majority vote of the registered voters of the municipality voting on the question, exempt from municipal taxation for a period not to exceed five (5) years new manufacturing establishments and public utilities locating in the municipality.

Laws 1977, c. 256, § 17112, eff. July 1, 1978.  

§1117113.  Publication of city financial statements.

Any municipality subject to the annual audit requirements of Section 17-105 of this title shall cause to be published, within thirty (30) days of receipt of its annual audit report, a notice of availability of the annual audited financial statements for public inspection.  All publications mentioned in this section shall be made in a newspaper of general circulation in the municipality.  The provisions of this section shall not apply to any city governed by charter where the charter provides for the manner or procedure for publication of such financial information.

Laws 1977, c. 256, § 17113, eff. July 1, 1978; Laws 1991, c. 124, § 5, eff. July 1, 1991.

§11-17-114.  Vendor invoices and contract estimates - Payment procedures - Uniform jackets.

To facilitate the payment of vendor invoices and contract estimates the municipal finance officer may design a uniform jacket to be used by all departments and divisions of the municipality whereon shall be provided summarized information relative to the enclosed invoices or contract estimates, together with a space for the approval of the head of the department or division approving said vendor invoices or contract estimates for payment.  Vendor invoices and contract estimates may be accepted by the municipality in lieu of the claim form previously required in the same manner as commercial invoices are paid.  If utilized, vendor invoices and contract estimates shall be filed with the department or division receiving the merchandise or services in the same manner as invoices are filed with commercial firms.  Upon receipt of invoices or contract estimates the head of the department or division or his authorized agent, may approve said documents for payment by executing a certificate of delivery or acceptance of the goods or services.  Whereupon, the authorized official of said agency may approve said invoices or contract estimates for payment by enclosing the invoice or contract estimate in a jacket provided for such purpose and affixing his or her approval in the space provided on the jacket.

Added by Laws 1990, c. 177, § 1, eff. Sept. 1, 1990.

§11-17-115.  Reverse auction bidding - Procedure - Public disclosure - Remedies.

A.  A municipality or any public trust of which the municipality is beneficiary or any nonappropriated governmental agency or instrumentality of the state is authorized to use a reverse auction bidding procedure to obtain bids for the purchase of goods or services of any type of kind.  The reverse auction shall be a real-time bidding process taking place at a previously scheduled time and Internet location and for a previously established duration, in which multiple suppliers, anonymous to each other, submit bids to provide the goods or services.  The reverse auction procedure may be used as an alternative to any state law applicable to the purchase of the goods or services.

B.  The procedure shall provide:

1.  A bid opening and bid closure.  At the opening date and time, the municipality or public trust shall begin accepting reverse auction electronic bids.  Reverse auction bids shall be accepted until the bid closure, except as provided by paragraph 6 of this subsection, unless the municipality or public trust determines it is in the best interest of the municipality or public trust to extend the closing time and notifies the reverse auction bidders of the extended closing time by public announcement at the Internet location at least fifteen (15) minutes prior to the original closing time;

2.  The posting of all reverse auction bids electronically and updating of bids on a real-time basis by the municipality or public trust;

3.  The authorization for the municipality or public trust to require bidders to register before the opening date and time and, as part of that registration, require bidders to agree to any terms, conditions or other requirements of the solicitation or applicable acts;

4.  The authorization for the municipality or public trust to also require potential bidders to prequalify as bidders and to restrict solicitations to prequalified online and reverse auction bidders;

5.  The retention of the authority of the municipality or public trust to determine the criteria that will be used as the basis for making awards; and

6.  The authorization for the municipality or public trust to determine it is in the best interest of the municipality or public trust to allow it to accept an electronic bid after the specified official closing date and time, in the event the municipality or public trust determines that a significant error or event occurred that affected the electronic receipt of any reverse auction bid by the municipality or public trust.

C.  All bids submitted electronically through the reverse auction bidding process pursuant to this section are subject to the same public disclosure laws that govern bids received pursuant to any other law of this state governing procurement procedures for a municipality or public trust.

D.  All remedies available to the municipality or public trust and suppliers through a bid process pursuant to any other law of this state are also available to the municipality or public trust reverse auction bidders in a reverse auction bidding process.

Added by Laws 2004, c. 514, § 1, eff. Nov. 1, 2004.  Amended by Laws 2005, c. 459, § 5, eff. July 1, 2005.

§1117201.  Short title.

This act may be cited as the "Municipal Budget Act".

Laws 1979, c. 111, § 1. 0

§1117202.  Purpose of act.

The purpose of this act is to provide an alternate budget procedure for municipal governments which will:

1.  Establish standard and sound fiscal procedures for the adoption and administration of budgets;

2.  Make available to the public and investors sufficient information as to the financial conditions, requirements and expectations of the municipal government; and

3.  Assist municipal governments to improve and implement generally accepted standards of finance management.

Laws 1979, c. 111, § 2.  

§1117203.  Application of act.

This act shall apply to any incorporated city or town which, by resolution of the governing body, opts to come under and comply with all its provisions and requirements.  Once a municipality has selected the Municipal Budget Act to govern its budget procedures, the provisions of this act shall take precedence over any other state laws applicable to municipal budgets, except as may be provided otherwise in this act, and supersede any conflicting laws. Any action of a municipal governing body to implement, rescind or repeal the application of the Municipal Budget Act shall be effective as of the beginning or end of a budget year pursuant to this act.

Laws 1979, c. 111, § 3.  

§11-17-204.  Definitions.

As used in this act:

1.  "Account" means an entity for recording specific revenues or expenditures, or for grouping related or similar classes of revenues and expenditures and recording them within a fund or department;

2.  "Appropriated fund balance" means any fund balance appropriated for a fund for the budget year;

3.  "Appropriation" means an authorization to expend or encumber revenues and fund balance of a fund;

4.  "Budget" means a plan of financial operations for a fiscal year, including an estimate of proposed expenditures for given purposes and the proposed means for financing them;

5.  "Budget summary" means a tabular listing of revenues by source and expenditures by fund and by department within each fund for the budget year;

6.  "Budget year" means the fiscal year for which a budget is prepared or being prepared;

7.  "Chief executive officer" means the mayor of an aldermanic city or a strong-mayor-council city, the mayor of a town, or the city manager or chief administrative officer as it may be defined by applicable law, charter or ordinance;

8.  "Current year" means the year in which the budget is prepared and adopted, or the fiscal year immediately preceding the budget year;

9.  "Deficit" means the excess of a fund's current liabilities and encumbrances over its current financial assets as reflected by its books of account;

10.  "Department" means a functional unit within a fund which carries on a specific activity, such as a fire department or a police department within a general fund;

11.  "Estimated revenue" means the amount of revenues estimated to be received during the budget year in each fund for which a budget is prepared;

12.  "Fiscal year" means the annual period for reporting fiscal operations which begins and ends on dates as the Legislature provides or as provided by law;

13.  "Fund" means an independent fiscal and accounting entity with a self-balancing set of accounts to record cash and other financial resources, together with all liabilities, which are segregated for the purpose of carrying on specific activities or attaining certain objectives;

14.  "Fund balance" means the excess of a fund's current financial assets over its current liabilities and encumbrances, as reflected by its books of account;

15.  "Governing body" means the city council of a city, the board of trustees of a town, or the legislative body of a municipality as it may be defined by applicable law or charter provision;

16.  "Immediate prior fiscal year" means the year preceding the current year;

17.  "Levy" means to impose ad valorem taxes or the total amount of ad valorem taxes for a purpose or entity;

18.  "Operating reserve" means that portion of the fund balance which has not been appropriated in a budget year; and

19.  "Municipality" means any incorporated city or town.

Added by Laws 1979, c. 111, § 4.  Amended by Laws 1980, c. 226, § 2, emerg. eff. May 27, 1980; Laws 1995, c. 166, § 1, emerg. eff. May 4, 1995; Laws 2002, c. 98, § 1, eff. Nov. 1, 2002.

§1117205.  Annual budget  Preparation and submission  Assistance of officers, employees and departments.

At least thirty (30) days prior to the beginning of each fiscal year, a budget for the municipality shall be prepared by the chief executive officer and submitted to the governing body.  The chief executive officer may require any other officer or employee who is charged with the management or control of any department or office of the municipality to furnish estimates for the fiscal year covering estimated revenues and expenditures of the department or office on or before a date set by the chief executive officer.

Laws 1979, c. 111, § 5.  

§11-17-206.  Requirements and contents of budget.

A.  The municipal budget shall present a complete financial plan for the municipality and shall present information necessary and proper to disclose the financial position and condition of the municipality and the revenues and expenditures thereof, both past and anticipated.

B.  The budget shall contain a budget summary.  It shall also be accompanied by a budget message which shall explain the budget and describe its important features.  The budget format shall be as provided by the governing body in consultation with the chief executive officer.  It shall contain at least the following in tabular form for each fund, itemized by department and account within each fund:

1.  Actual revenues and expenditures for the immediate prior fiscal year;

2.  Revenues and expenditures for the current fiscal year as shown by the budget for the current year as adopted or amended; and

3.  Estimates of revenues and expenditures for the budget year.

C.  The estimate of revenues for any budget year shall include probable income by source which the municipality is legally empowered to collect or receive at the time the budget is adopted.  The estimate shall be based on a review and analysis of past and anticipated revenues of the municipality.  Any portion of the budget of revenues to be derived from ad valorem property taxation shall not exceed the amount of tax which is available for appropriation, as finally determined by the county excise board, or which can or must be raised as required by law.  The budget of expenditures for each fund shall not exceed the estimated revenues for each fund.  No more than ten percent (10%) of the total budget for any fund may be budgeted for miscellaneous purposes.  Included in the budget of revenues or expenditures for any fund may be amounts transferred from or to another fund.  Any such interfund transfer must be shown as a disbursement from the one fund and as a receipt to the other fund.

D.  Encumbrances for funds whose sole purpose is to account for grants and capital projects and/or any unexpended appropriation balances may be considered nonfiscal and excluded from the budget by the governing body, but shall be reappropriated to the same funds, accounts and for the same purposes for the successive fiscal year, unless the grant, project or purpose is designated or declared closed or completed by the governing body.

Added by Laws 1979, c. 111, § 6.  Amended by Laws 2002, c. 98, § 2, eff. Nov. 1, 2002; Laws 2002, c. 440, § 1, eff. Nov. 1, 2002.

§1117207.  Monies received and expended must be accounted for by fund or account.

Any monies received or expended by a municipality must be accounted for by fund and account.  Each municipality shall adopt an appropriation for the general fund and for all other funds established by the governing body pursuant to the provisions of Section 17212 of this title.  The municipal governing body shall determine the needs of the municipality for sinking fund purposes, pursuant to the provisions of Section 431 of Title 62 of the Oklahoma Statutes, Section 3017 of Title 68 of the Oklahoma Statutes, and Section 28 of Article 10 of the Oklahoma Constitution, and include these requirements in the debt service fund budget for the budget year.

Added by Laws 1979, c. 111, § 7.  Amended by Laws 1984, c. 146, § 1, operative July 1, 1984; Laws 1991, c. 124, § 6, eff. July 1, 1991; Laws 2002, c. 98, § 3, eff. Nov. 1, 2002.

§1117208.  Public hearing on proposed budget  Notice  Copies of proposed budget.

The municipal governing body shall hold a public hearing on the proposed budget no later than fifteen (15) days prior to the beginning of the budget year.  Notice of the date, time and place of the hearing, together with the proposed budget summary, shall be published in a newspaper of general circulation in the municipality not less than five (5) days before the date of the hearing.  The municipal clerk shall make available a sufficient number of copies of the proposed budget as the governing body shall determine and have them available for review or for distribution or sale at the office of the municipal clerk.  Whenever the total operating budget, not including debt service, does not exceed Twelve Thousand Dollars ($12,000.00) per year, the proposed budget summary and notice may be posted at the governing body's principal headquarters in lieu of publication in a newspaper. At the public hearing on the budget any person may present to the governing body comments, recommendations or information on any part of the proposed budget.

Laws 1979, c. 111, § 8.  

§1117209.  Adoption of budget  Filing  Effective period  Use of appropriated funds  Levying tax.

A.  After the hearing and at least seven (7) days prior to the beginning of the budget year, the governing body shall adopt the budget by resolution, or as any charter may require, at the level of classification as defined in Section 17-213 of this title.  The governing body may add or increase items or delete or decrease items in the budget.  In all cases the proposed expenditures shall not exceed the estimated revenues and appropriated fund balance for any fund.

B.  The adopted budget shall be transmitted to the State Auditor and Inspector within thirty (30) days after the beginning of the fiscal year of the municipality and one copy shall be kept on file in the office of the municipal clerk.  A copy of the municipality's sinking fund requirements shall be filed with the excise board of the county or counties in which the municipality is located.

C.  The adopted budget shall be in effect on and after the first day of the fiscal year to which it applies.  The budget as adopted and filed with the State Auditor and Inspector shall constitute an appropriation for each fund, and the appropriation thus made shall not be used for any other purpose except as provided by law.

D.  At the time required by law, the county excise board shall levy the taxes necessary for the municipality's sinking fund for the budget year pursuant to Section 431 of Title 62 of the Oklahoma Statutes.

Added by Laws 1979, c. 111, § 9.  Amended by Laws 1991, c. 124, § 7, eff. July 1, 1991; Laws 2002, c. 98, § 4, eff. Nov. 1, 2002.

§1117210.  Protests  Failure to protest  Examination of filed budget.

Within fifteen (15) days after the filing of any municipal budget with the State Auditor and Inspector, any taxpayer may file protests against any levy of ad valorem taxes for creating sinking funds in the manner provided by this section and Sections 24104 through 24111 of Title 68 of the Oklahoma Statutes.  The fifteenday protest period begins upon the date the budget is received in the Office of the State Auditor and Inspector.  After receipt of a taxpayer protest, the State Auditor and Inspector shall transmit by certified mail one copy of each protest to the municipal clerk, and one copy of each protest to the county treasurer and the excise board of each county in which the municipality is located.  The taxpayer shall specify the grounds upon which the protest is based.  Any protest filed by any taxpayer shall inure to the benefit of all taxpayers.  Provided, the provisions of this section shall not delay any budget expenditures of a municipality if the amount of revenue from the ad valorem tax levy which is deposited in the municipal general fund is less than five percent (5%) of the total revenue accruing to the municipal general fund during the prior fiscal year.  If no protest is filed by any taxpayer within the fifteenday period, the budget and any appropriations thereof shall be deemed legal and final until amended by the governing body or the county excise board as authorized by law.  Taxpayers shall have the right at all reasonable times to examine the budget on file with the municipal clerk or the State Auditor and Inspector for the purpose of filing protests in accordance with this section and Sections 24104 through 24111 of Title 68.

Laws 1979, c. 111, § 10, eff. Oct. 1, 1979; Laws 1980, c. 226, § 3, emerg. eff. May 27, 1980; Laws 1991, c. 124, § 8, eff. July 1, 1991.

§1117211.  Expenditure of funds  Balances to be carried forward  Unlawful acts and liability therefor.

A.  No expenditure may be incurred or made by any officer or employee which exceeds the fund balance for any fund.  Any fund balance remaining in a fund at the end of the fiscal year shall be carried forward to the credit of the fund for the next fiscal year.  No expenditure may be authorized or made by any officer or employee which exceeds the appropriation of any fund.

B.  It shall be unlawful for any officer or employee of the municipality in any budget year:

1.  To create or authorize creation of a deficit in any fund; or

2.  To authorize, make or incur expenditures in excess of ninety percent (90%) of the appropriation for any fund of the budget as adopted or amended until revenues received, including the prior fiscal year's fund balance carried forward, totals an amount equal to at least ninety percent (90%) of the appropriation for the fund.  Expenditures may then be made and authorized so long as any expenditure does not exceed any fund balance.

C.  Any obligation that is contracted or authorized by any officer or employee in violation of this act shall become the obligation of the officer or employee himself and shall not be valid or enforceable against the municipality.  Any officer or employee who violates this act shall forfeit his office or position and shall be subject to such civil and criminal punishments as are provided by law.  Any obligation, authorization for expenditure or expenditure made in violation of this act shall be illegal and void.

Added by Laws 1979, c. 111, § 11.  Amended by Laws 1991, c. 124, § 9, eff. July 1, 1991; Laws 1992, c. 371, § 2, eff. July 1, 1992; Laws 2002, c. 98, § 5, eff. Nov. 1, 2002.

§1117212.  Funds  Establishment  Kinds.

A municipality shall establish funds consistent with legal and operating requirements.  Each municipality shall maintain according to its own needs some or all of the following funds or ledgers in its system of accounts:

1.  A general fund, to account for all monies received and disbursed for general municipal government purposes, including all assets, liabilities, reserves, fund balances, revenues and expenditures which are not accounted for in any other fund or special ledger account.  All monies received by the municipality under the motor fuel tax or under the motor vehicle license and registration tax and earmarked for the street and alley fund may be deposited in the general fund and accounted for as a "street and alley account" within the general fund.  Expenditures from this account shall be made as earmarked and provided by law.  All references to the street and alley fund or to the special fund earmarked for stateshared gasoline and motor vehicle taxes may mean the street and alley account provided in this section;

2.  Special revenue funds, as required, to account for the proceeds of specific revenue sources that are restricted by law to expenditures for specified purposes;

3.  Debt service fund, which shall include the municipal sinking fund, established to account for the retirement of general obligation bonds or other long-term debt and payment of interest thereon and judgments as provided by law.  Any monies pledged to service general obligation bonds or other long-term debt must be deposited in the debt service fund;

4.  Capital project funds, to account for financial resources segregated for acquisition, construction or other improvement related to capital facilities other than those accounted for in enterprise funds and nonexpendable trust funds;

5.  Enterprise funds, to account for each utility or enterprise or other service, other than those operated as a department of the general fund, where the costs are financed primarily through user charges or where there is a periodic need to determine revenues earned, expenses incurred or net income for a service or program;

6.  Trust and agency funds, to account for assets held by the municipality as trustee or agent for individuals, private organizations or other governmental units or purposes, such as a retirement fund or a cemetery perpetual care fund;

7.  Internal service funds, to account for the financing of goods or services provided by one department or agency of the municipality to another department or agency, or to another government, on a cost reimbursement basis;

8.  A ledger or group of accounts in which to record the details relating to the general fixed assets of the municipality;

9.  A ledger or group of accounts in which to record the details relating to the general bonds or other long-term debt of the municipality; or

10.  Such other funds or ledgers as may be established by the governing body.

Laws 1979, c. 111, § 12; Laws 1991, c. 124, § 10, eff. July 1, 1991.

  

§1117213.  Funds  Classification of revenues and expenditures.

Each fund shall be made up of accounts for classifying revenues and expenditures.  Revenues shall be classified separately by source.  Expenditures shall be departmentalized within each fund and shall be classified into at least the following accounts:

1.  Personal services, which may include expenses for salaries, wages, per diem or other compensation, fees, allowances or reimbursement for travel expenses, and related employee benefits, paid to any officer or employee for services rendered or for employment.  Employee benefits may include employer contributions to a retirement system, insurance, sick leave, terminal pay or similar benefits;

2.  Materials and supplies, which may include articles and commodities which are consumed or materially altered when used, such as office supplies, operating supplies and repair and maintenance supplies, and all items of expense to any person, firm or corporation rendering a service in connection with repair, sale or trade of such articles or commodities;

3.  Other services and charges, which may include all current expenses other than those listed in paragraphs 1, 2, 4, 5 or 6 of this section, such as services or charges for communications, transportation, advertising, printing or binding, insurance, public utility services, repairs and maintenance, rentals, miscellaneous items and all items of expenses to any person, firm or corporation rendering such services;

4.  Capital outlays, which may include outlays which result in acquisition of or additions to fixed assets which are purchased by the municipality, including machinery and equipment, furniture, land, buildings, improvements other than buildings, and all construction, reconstruction, appurtenances or improvements to real property accomplished according to the conditions of a contract;

5.  Debt service, which may include outlays in the form of debt principal payments, periodic interest payments, or related service charges for benefits received in part in prior fiscal periods as well as in current and future fiscal periods; and

6.  Fund transfers, which may include permanent transfers of resources from one fund to another.

Added by Laws 1979, c. 111, § 13.  Amended by Laws 1991, c. 124, § 11, eff. July 1, 1991; Laws 2002, c. 98, § 6, eff. Nov. 1, 2002.

§1117214.  Funds  Operating reserve.

A municipality may create an operating reserve for the purpose of providing a fund or reserve out of which to meet emergency expenditures.

Laws 1979, c. 111, § 14.  

§1117215.  Transfer of unexpended or unencumbered appropriation - Limitations on encumbrances or expenditures.

A.  The chief executive officer, or designee, as authorized by the governing body, may transfer any unexpended and unencumbered appropriation or any portion thereof from one department to another within the same fund; except that no appropriation for debt service or other appropriation required by law or ordinance may be reduced below the minimums required.

B.  Any fund balance in an enterprise fund of the municipality may be transferred to another fund of the municipality as authorized by the governing body.  Other interfund transfers may be made only as adopted or amended according to Section 17206 or 17216 of this title.

C.  Whenever the necessity for maintaining any fund of a municipality has ceased to exist and a balance remains in the fund, the governing body may authorize the transfer of the balance to the general fund or any other designated fund, unless otherwise provided by law.

D.  No encumbrance or expenditure may be authorized or made by any officer or employee which exceeds the available appropriation for each department within a fund.

Added by Laws 1979, c. 111, § 15.  Amended by Laws 1980, c. 226, § 4, emerg. eff. May 27, 1980; Laws 1991, c. 124, § 12, eff. July 1, 1991; Laws 2002, c. 98, § 7, eff. Nov. 1, 2002.

§1117216.  Supplemental appropriations to funds  Amendment of budget.

A.  The governing body may amend the budget to make supplemental appropriations to any fund up to the amount of additional revenues which are available for current expenses for the fund due to:

1.  Revenues received or to be received from sources not anticipated in the budget for that year;

2.  Revenues received or to be received from anticipated sources but in excess of the budget estimates therefor; or

3.  Unexpended and unencumbered fund balances on hand at the end of the preceding fiscal year which had not been anticipated or appropriated in the budget.  Any appropriation authorizing the creating of an indebtedness shall be governed by the applicable provisions of Article 10 of the Oklahoma Constitution.

B.  If at any time during the budget year it appears probable that revenues available will be insufficient to meet the amount appropriated, or that due to unforeseen emergencies there is temporarily insufficient money in a particular fund to meet the requirements of appropriation for the fund, the governing body shall take action as it deems necessary.  For that purpose, it may amend the budget to reduce one or more appropriations or it may amend the budget to transfer money from one fund to another fund, but no appropriation for debt service may be reduced and no appropriation may be reduced by more than the amount of the unencumbered and unexpended balance thereof.  No transfer shall be made from the debt service fund to any other fund except as may be permitted by the terms of the bond issue or applicable law.

C.  A budget amendment as provided in this section authorizing supplemental appropriations or a decrease in the total appropriation of funds shall be adopted at a meeting of the governing body and filed with the municipal clerk and the State Auditor and Inspector.

Added by Laws 1979, c. 111, § 16.  Amended by Laws 1991, c. 124, § 13, eff. July 1, 1991; Laws 2002, c. 98, § 8, eff. Nov. 1, 2002.

§1118101.  Procedure for changing form of government  Petition or governing body resolution.

Any city operating pursuant to a statutory form of city government may change to any one of the other statutory forms of city government.  The mayor shall issue an order calling for an election on the question of whether or not the city shall change its form of government if:

1.  an initiative petition is filed with the governing body of the municipality; or

2.  the governing body, by resolution, so directs.

The initiative petition or resolution of the governing body shall be filed at least one hundred twenty (120) days before the filing date for the next municipal general election and shall include the form of government which is proposed for adoption.  The order calling for the election shall be issued by the governing body of the municipality within ten (10) days after a decision has been made on the ballot title, or within ten (10) days after the effective date of the resolution of the governing body.

Amended by Laws 1984, c. 126, § 33, eff. Nov. 1, 1984.  

§1118102.  Election on question  Notice.

The question of changing the statutory form of city government shall be submitted to the registered voters of the city at a general or special election to be held in the city not less than sixty (60) days nor more than ninety (90) days after the date of the order calling for the election.  Notice of the election on the question shall be given by the governing body in the manner required for municipal elections.

Laws 1977, c. 256, § 18102, eff. July 1, 1978; Laws 1993, c. 316, § 1, eff. Sept. 1, 1993.

§1118103.  Ballots  Certification of results  Order.

The question submitted to the registered voters of the municipality shall be substantially in the following form:

Shall the City of ______ change to the statutory ___________ (name of proposed statutory form) form of city government?

( ) Yes.

( ) No.

The secretary of the county election board shall, within five (5) days after the canvass of returns, certify the results of the election on the question to the governing body.  If a majority of the votes cast are in favor of adopting the proposed form of government, the governing body shall, within twenty (20) days after receiving the certification, adopt a resolution stating that the city has changed its form of government to the form adopted.  The governing body by ordinance shall divide the city into the number of wards required under the statutory form of government which has been adopted.

Laws 1977, c. 256, § 18103, eff. July 1, 1978.  

§1118104.  Effective date of new form  First elections  Transition of officers.

The first primary and general elections under the new form shall be held at the time that the next municipal primary and general elections would be held as if there were no change in the form of government.  The form of government which has been adopted shall go into full effect when the terms of officers elected under the new form begin.  Every appointive officer or employee holding an office or position which exists under both the previous and new forms of government shall continue in his office or position in the new form of government until his services terminate or are terminated in the manner provided by the new form.

Laws 1977, c. 256, § 18104, eff. July 1, 1978.  

§1118105.  Record of change.

The resolution declaring the change in form of city government shall be recorded in the office of the county clerk in the county in which the situs of the city government is located and filed in the office of the Secretary of State and in the archives of the city.

Laws 1977, c. 256, § 18105, eff. July 1, 1978.  

§1119101.  Procedure for changing name  Petition or governing body resolution.

The mayor of an incorporated municipality shall issue an order calling for an election on the question of whether or not the municipality shall change its name if:

1.  an initiative petition is filed with the governing body; or 2.  the governing body, by resolution, so directs.

The initiative petition or resolution of the governing body shall set forth the name of the municipality, its location, and the new name which is proposed for adoption.

Amended by Laws 1984, c. 126, § 34, eff. Nov. 1, 1984. Amended by Laws 1984, c. 126, § 34, eff. Nov. 1, 1984.  

§1119102.  Election on question  Notice.

The question of changing the name of the municipality shall be submitted to the registered voters of the municipality at a general or special election to be held in the municipality not less than thirty (30) nor more than sixty (60) days after the date of the order calling for the election.  Notice of the election on the question shall be given by the governing body in the manner required for municipal elections.

Laws 1977, c. 256, § 19102, eff. July 1, 1978.  

§1119103.  Ballots  Certification of results  Order.

The question submitted to the registered voters of the municipality shall be substantially in the following form:

Shall the ________ (City or Town) of ________ change its name to the (City or Town) of ________?

( ) Yes.

( ) No.

The secretary of the county election board shall, within five (5) days after the canvass of returns, certify the results of the election on the question to the governing body.  If a majority of the votes cast are in favor of adopting the new name, the governing body shall, within twenty (20) days after receiving the certification, adopt a resolution stating that the name of the municipality has been changed and giving the new name of the municipality.  The resolution shall also state the date that the change will take effect.  The effective date shall be not less than thirty (30) days after the resolution is adopted.

Laws 1977, c. 256, § 19103, eff. July 1, 1978.  

§1119104.  Record and publication of change.

The resolution declaring the change of name of the municipality shall be recorded in the office of the county clerk in the county in which the situs of the municipal government is located and filed in the office of the Secretary of State and in the archives of the municipality.  The resolution shall also be published at least once in a newspaper of general circulation in the municipality.

Laws 1977, c. 256, § 19104, eff. July 1, 1978.  

§1120101.  Review of wards after each federal census.

A.  As soon as practicable following each federal census, the municipal governing body shall review the wards and ward boundaries of the municipality.  The governing body shall change the boundaries or number of wards, if necessary, in the manner provided by this article, so that the wards are formed of compact and contiguous territory and are substantially equal in population.

B.  The municipal governing body, to the extent practicable, shall not subdivide precincts established by a county election board in establishing ward or council boundaries.

Laws 1977, c. 256, § 20101, eff. July 1, 1978; Laws 1993, c. 316, § 2, eff. Sept. 1, 1993.

§1120102.  Procedure for proposing ward changes.

A change in the name, boundaries, or number of wards in a municipality may be proposed at any time by:

1.  a resolution of the municipal governing body; or

2.  an initiative petition filed with the governing body of the municipality.

Any change in the number or boundaries of wards shall be made with due regard to the equitable apportionment of the population and the convenience and contiguity of the wards.

Amended by Laws 1984, c. 126, § 35, eff. Nov. 1, 1984.  

§1120103.  Changes proposed by governing body  Notice.

The governing body shall give at least thirty (30) days' notice of the proposal by the governing body to change the name, boundaries, or number of wards. The notice shall be published at least once.  After the thirtyday notice period, the governing body may make the proposed changes by ordinance which shall be approved by a twothirds (2/3) vote of its members.

Amended by Laws 1984, c. 126, § 36, eff. Nov. 1, 1984.  

§11-20-104.  Change adopted by initiative petition.

Within thirty (30) days after an election adopting the question in the initiative petition requesting a change in the name, boundaries or number of wards, the municipal governing body by ordinance shall make the requested changes.

Added by Laws 1977, c. 256, § 20-104, eff. July 1, 1978.  Amended by Laws 2001, c. 296, § 1, eff. July 1, 2001.

§1120105.  Effect of change.

Unless otherwise provided for by the governing body, the effective date of a change in the name, boundaries, or number of wards shall be the effective date of the ordinance making such change.  Election of councilmembers or trustees for wards which have no representation due to such change shall take place at the time established by the governing body of the municipality but not later than the next regular municipal election.  The terms of office of such new councilmembers or trustees shall be as provided for by the law applicable to the form of municipal government.  A change in the boundaries or number of wards shall not disqualify a councilmember or trustee from completing the term for which he was elected.

Amended by Laws 1984, c. 126, § 37, eff. Nov. 1, 1984.  

§1120106.  Record of change.

The governing body shall provide for the recording and filing of changes made in the name, boundaries or number of municipal wards.

Laws 1977, c. 256, § 20106, eff. July 1, 1978.  

§1121101.  Authority to change municipal limits.

The municipal governing body by ordinance may add to the municipality territory adjacent or contiguous to its corporate limits and increase or diminish the corporate limits as the governing body deems desirable for the benefit of the municipality.

Laws 1977, c. 256, § 21101, eff. July 1, 1978.  

§1121102.  Annexation of territory separated by railway, intervening strip or highway right-of-way.

Where any territory to be annexed is separated from the corporate limits of the municipality only by a railway rightofway, an intervening strip less than four (4) rods wide, or a highway right-of-way, the territory shall be considered adjacent or contiguous to the municipality.

Added by Laws 1977, c. 256, § 21102, eff. July 1, 1978.  Amended by Laws 1999, c. 220, § 1, eff. Nov. 1, 1999.

§11-21-103.  Cities - Annexation procedure.

A.  Before the governing body of a city may annex any territory adjacent or contiguous to the city, it must obtain the written consent of the owners of at least a majority of the acres to be annexed to the municipality and provide for notice and a public hearing on the proposed annexation of the territory in the manner provided in subsection B of this section; except that no such consent is needed where:

1.  The territory to be annexed is subdivided into tracts or parcels of less than five (5) acres and contains more than one residence; or

2.  Three sides of the territory to be annexed are adjacent or contiguous to the property already within the municipal limits if:

a. the adjacent property on each side constitutes an area in width greater than three hundred (300) feet at its narrowest point excluding a roadway or right-of-way that is adjacent or contiguous to the territory,

b. the municipal governing body makes findings that the annexation furthers municipal purposes relating to airports, spaceports and military installations and such findings are included in the public hearing provided for in subsection D of this section, or

c. prior to the effective date of this act, the municipality has directed that notice be published in accordance with subsection B of this section.

B.  The governing body shall provide the notice and public hearing required in subsection A of this section in the following manner:

1.  The governing body of the municipality shall direct that notice of the proposed annexation of the territory be published in a legally qualified newspaper of general circulation in the territory and shall describe the boundaries of the territory proposed to be annexed by reference to a map, geographical locations, legal or physical description or other reasonable designation.  The notice shall state the date, time, and place the governing body shall conduct a public hearing on the question of annexing the territory.  The notice shall be published in a legal newspaper of general circulation in the territory sought to be annexed within fourteen (14) days following the date the governing body directed the notice to be published;

2.  A copy of the notice of annexation shall be mailed by first-class mail to all owners of property to be annexed as shown by the current year's ownership rolls in the office of the county treasurer and to all owners of property abutting any public right-of-way that forms the boundary of the territory proposed to be annexed; provided that the notice of annexation shall be mailed by certified mail to every person who owns a parcel of land of five (5) acres or more used for agricultural purposes; and

3.  The public hearing of such annexation shall be held no earlier than fourteen (14) days nor more than thirty (30) days following the publication and mailing of the notice.

C.  Unless otherwise provided by law, a roadway or road right-of-way that is adjacent or contiguous to the territory to be annexed shall be considered a part and parcel to the territory to be annexed.

D.  Before any territory is annexed to a municipality, without the written consent of the owners of at least a majority of the acres to be annexed to the municipality in accordance with subsection A of this section, the governing body of the municipality shall direct that notice of the proposed annexation of the territory be published in a legally qualified newspaper of general circulation in the territory and shall hold a public hearing on the proposed annexation.  Prior to the publication of notice, the municipality shall prepare a plan to extend municipal services including, but not limited to, water, sewer, fire protection, law enforcement and the cost of such services appropriate to the proposed annexed territory.  The plan shall provide that the municipality complete the implementation of the plan in accordance with any existing capital improvement plan applicable to the portion of the municipality adjacent to the territory proposed to be annexed.  If no such capital improvement plan has been adopted, the municipality shall complete the service plan within one hundred twenty (120) months from the date of annexation unless a different time is determined by consensus between property owners and the municipality at the hearing.  The time for completion of the service plan shall be set forth in the ordinance annexing the territory.  If municipality services are not substantially complete within the prescribed time, then the territory shall be detached by the governing body as provided in Section 21-110 of this title.  For purposes of this subsection, services may be provided by any method or means available to the municipality to extend municipal services to any other area of the city.  Such notice, hearing and plan shall be subject to the following provisions:

1.  The notice shall describe the boundaries of the territory proposed to be annexed by reference to a map, geographical locations, legal or physical description or other reasonable designation and shall state that the proposed service plan is available for inspection at a specified location.  The notice shall state the date, time, and place when the governing body shall conduct a public hearing on the question of annexing the territory.  The notice shall be published in a legal newspaper of general circulation in the territory sought to be annexed within fourteen (14) days following the date the governing body directed the notice to be published.  A copy of the notice of annexation shall be mailed by firstclass mail to all owners of property to be annexed as shown by the current year's ownership rolls in the office of the county treasurer and to the Department of Transportation for purposes of clarifying any road maintenance responsibilities; provided that the notice of annexation shall be mailed by certified mail to every person who owns parcel of land of five (5) acres or more used for agricultural purposes and to the board of county commissioners of the respective county where the proposed annexation is located.  If the territory to be annexed encroaches upon any adjacent county, a copy of the notice of annexation shall be mailed by first-class mail to the board of county commissioners of the adjacent county and of the county where the proposed annexation is located;

2.  The public hearing of such annexation shall be held no earlier than fourteen (14) days nor more than thirty (30) days following the publication and mailing of the notice; and

3.  The proposed service plan shall be available for inspection and be explained to the property owners of the territory to be annexed at the public hearing.  The plan may be amended through negotiation at the hearing.  The final service plan shall be incorporated into and made part of the ordinance annexing the territory.

E.  As used in this section:

1.  "Airport" means any facility owned by any legal entity or by a county, a municipality or a public trust having at least one county or municipality as its beneficiary which is used primarily for the purpose of providing air transportation of persons or goods or both by aircraft powered through the use of propellers, turboprops, jets or similar propulsion systems;

2.  "Military installation" means those facilities constituting the active or formerly active bases owned by the Department of Defense or other applicable entity of the United States government or by any entity of local government after transfer of title to such installation; and

3.  "Spaceport" means any area as defined pursuant to Section 5202 of Title 74 of the Oklahoma Statutes.

F.  Except for ordinances enacted pursuant to Section 43-101.1 of this title, parcels of land five (5) acres or more used for agricultural purposes annexed into the municipal limits on or after July 1, 2003, shall be exempt from ordinances restricting land use and building construction to the extent such land use or construction is related to agricultural purposes.  Where there is no residence within fifty (50) feet of the boundaries of such a parcel of land, the property shall not be subject to ordinances regulating conduct that would not be an offense under state law; provided, that any such property that discharges into the municipal water, wastewater, or sewer system shall be subject to any ordinances or regulations related to compliance with environmental standards for that system.

G.  Parcels of land situated within an area that is or may be subject to any form of land use or other regulatory control as a result of proximity to an airport, spaceport or military installation shall not be exempt from municipal ordinances or other laws regulating property for the purpose of operations necessary for the use of an airport, spaceport or military installation and such parcels of land shall be subject to all ordinances enacted pursuant to Section 43-101.1 of this title.

Added by Laws 1977, c. 256, § 21-103, eff. July 1, 1978.  Amended by Laws 1979, c. 44, § 5, emerg. eff. April 9, 1979; Laws 1990, c. 197, § 1, emerg. eff. May 10, 1990; Laws 2003, c. 236, § 1, eff. July 1, 2003; Laws 2004, c. 79, § 1, eff. Nov. 1, 2004; Laws 2004, c. 528, § 1, eff. Nov. 1, 2004; Laws 2005, c. 1, § 2, emerg. eff. March 15, 2005.

NOTE:  Laws 2004, c. 514, § 2 repealed by Laws 2005, c. 1, § 3, emerg. eff. March 15, 2005.

§11-21-104.  Towns - Annexation by governing body action - Notice and hearing - Exempted land.

A.  The town board of trustees by ordinance may annex lots which are adjacent or contiguous to the town if the lots have been platted and recorded in the office of the county clerk.  The governing body shall provide notice and a public hearing in the following manner:

1.  The governing body of the municipality shall direct that notice of the proposed annexation of the territory be published in a legally qualified newspaper of general circulation in the territory and shall describe the boundaries of the territory proposed to be annexed by reference to a map, geographical locations, legal or physical description or other reasonable designation.  The notice shall state the date, time, and place the governing body shall conduct a public hearing on the question of annexing the territory.  The notice shall be published in a legal newspaper of general circulation in the territory sought to be annexed within fourteen (14) days following the date the governing body directed the notice to be published;

2.  A copy of the notice of annexation shall be mailed by first-class mail to all owners of property to be annexed as shown by the current year's ownership rolls in the office of the county treasurer and to all owners of property abutting any public right-of-way that forms the boundary of the territory proposed to be annexed; provided that the notice of annexation shall be mailed by certified mail to every person who owns a parcel of land of five (5) acres or more used for agricultural purposes; and

3.  The public hearing of such annexation shall be held no earlier than fourteen (14) days nor more than thirty (30) days following the publication and mailing of the notice.

B.  When the town board of trustees desires to annex any territory adjacent to the town which has not been platted and recorded, the town board of trustees shall direct that notice of the proposed annexation of the territory be published in a legal newspaper of general circulation in the territory and shall hold a public hearing on the proposed annexation.  Unless otherwise provided by law, a roadway or road right-of-way that is adjacent or contiguous to the territory to be annexed shall be considered a part and parcel to the territory to be annexed.  Prior to the publication of notice, the town board of trustees shall prepare a plan to extend appropriate town services, including, but not limited to, water, sewer, fire protection, law enforcement and the cost of such services to the proposed annexed territory.  The plan shall provide that the town board of trustees shall complete the implementation of the plan in accordance with any existing capital improvement plan applicable to the portion of the town adjacent to the territory proposed to be annexed.  If no such capital improvement plan has been adopted, the town shall complete the service plan within one hundred twenty (120) months from the date of annexation unless a different time is determined by consensus between property owners and the town at the hearing.  The time for completion of the service plan shall be set forth in the ordinance annexing the territory.  If the town services are not substantially complete within the prescribed time, then the territory shall be detached by the governing body as provided in Section 21-110 of this title.  For purposes of this subsection, services may be provided by any method or means available to the town that have been used to extend such services to any other area of the town.  Such notice, hearing, and plan shall be subject to the following provisions:

1.  The notice shall describe the boundaries of the territory proposed to be annexed by reference to a map, geographical location, legal or physical description, or other reasonable designation and shall state that the proposed service plan is available for inspection at a specified location.  The notice shall state the date, time, and place the town board of trustees shall conduct a public hearing on the question of annexing the territory.  The notice shall be published in a legal newspaper of general circulation in the territory sought to be annexed within fourteen (14) days following the date the town board of trustees directed the notice to be published.  A copy of the notice of annexation shall be mailed by first-class mail to all owners of property to be annexed as shown by the current year's ownership rolls in the office of the county treasurer and to the Department of Transportation for purposes of changing any road maintenance responsibility; provided that the notice of annexation shall be mailed by certified mail to every person who owns parcels of land of five (5) acres or more used for agricultural purposes and to the board of county commissioners of the respective county where the proposed annexation is located.  If the territory to be annexed encroaches upon any adjacent county, a copy of the notice of annexation shall be mailed by first-class mail to the board of county commissioners of the adjacent county and of the county where the proposed annexation is located;

2.  The public hearing of such annexation shall be held no earlier than fourteen (14) days nor later than thirty (30) days following the publication and mailing of the notice; and

3.  At the public hearing, the proposed service plan shall be available for inspection and be explained to the property owners of the territory to be annexed.  The plan may be amended through negotiation at the hearing.  The final service plan shall be incorporated into and made part of the ordinance annexing the territory.

C.  A town board of trustees shall not annex any territory which has an assessed valuation greater than the assessed valuation of the town without the written consent of the owner or owners of at least a majority of the acres to be annexed to the town.

D.  As used in subsection F of this section:

1.  "Airport" means any facility owned by any legal entity or by a county, a municipality or a public trust having at least one county or municipality as its beneficiary which is used primarily for the purpose of providing air transportation of persons or goods or both by aircraft powered through the use of propellers, turboprops, jets or similar propulsion systems;

2.  "Military installation" means those facilities constituting the active or formerly active bases owned by the Department of Defense or other applicable entity of the United States government or by any entity of local government after transfer of title to such installation; and

3.  "Spaceport" means any area as defined pursuant to Section 5202 of Title 74 of the Oklahoma Statutes.

E.  Except for ordinances enacted pursuant to Section 43-101.1 of this title, parcels of land five (5) acres or more used for agricultural purposes annexed into the municipal limits on or after the effective date of this act shall be exempt from ordinances restricting land use and building construction to the extent such land use or construction is related to agricultural purposes.  Where there is no residence within fifty (50) feet of the boundaries of such a parcel of land, the property shall not be subject to ordinances regulating conduct that would not be an offense under state law; provided that any such property that discharges into the municipal water, wastewater, or sewer system shall be subject to any ordinances or regulations related to compliance with environmental standards for that system.

F.  Parcels of land situated within an area that is or may be subject to any form of land use or other regulatory control as a result of proximity to an airport, spaceport or military installation shall not be exempt from municipal ordinances or other laws regulating property for the purpose of operations necessary for the use of an airport, spaceport or military installation and such parcels of land shall be subject to all ordinances enacted pursuant to Section 43-101.1 of this title.

Added by Laws 1977, c. 256, § 21-104, eff. July 1, 1978.  Amended by Laws 1998, c. 331 § 1, eff. Nov. 1, 1998; Laws 2004, c. 17, § 1, eff. July 1, 2004; Laws 2004, c. 528, § 2, eff. Nov. 1, 2004; Laws 2005, c. 1, § 4, emerg. eff. March 15, 2005.

NOTE:  Laws 2004, c. 79, § 2 repealed by Laws 2004, c. 528, § 3, eff. Nov. 1, 2004.  Laws 2004, c. 514, § 3 repealed by Laws 2005, c. 1, § 5, emerg. eff. March 15, 2005.

§1121105.  Annexation by petition  Notice  Cost  Governing body ordinance.

At least threefourths of the registered voters and the owners of at least threefourths (in value) of the property in any territory adjacent or contiguous to the municipality may request annexation by signing and filing a petition with the governing body of the municipality.  The petitioners must give notice of the presentation of the petition by publication at least once each week for two (2) successive weeks in a newspaper of general circulation in the municipality where the petition has been presented. The municipality may pay the cost of the annexation proceedings.  After the notice of the petition has been given, the governing body by ordinance may annex the territory to the municipality.

Laws 1977, c. 256, § 21105, eff. July 1, 1978; Laws 1980, c. 128, § 1, eff. Oct. 1, 1980.  

§1121106.  Failure to grant request in annexation petition  Filing in district court.

If the governing body fails to grant the request contained in a petition for annexation within thirty (30) days after the last publication of the notice, or refuses to grant the request, the petitioners may file their petition with the clerk of the district court in the county in which the situs of the municipal government is located.  Notice of the filing shall be served upon the mayor together with a notice of the time and place that the district court will hear the petition.  The notice must be given at least ten (10) days before the date of the hearing.  The hearing on the petition may be held at a regular or special term of the district court or by the court in vacation.

Laws 1977, c. 256, § 21106, eff. July 1, 1978.  

§1121108.  Lands platted for educational or charitable institutions  Annexation only by petition.

When any lands adjacent to the corporate limits of any municipality have been surveyed and platted into lots and blocks for the purpose of being sold in whole or in part to establish, build or maintain any religious, fraternal, or benevolent school, college, home or other educational or charitiable institution, these lands may not be annexed to the municipality without a petition requesting annexation first being signed and filed by at least a majority of the resident owners of the lands to be annexed.

Laws 1977, c. 256, § 21108, eff. July 1, 1978.  

§11-21-109.  Taxation of annexed territory.

A.  Tracts of land in excess of forty (40) acres which are annexed to a municipality and used for industrial or commercial purposes shall not be subject to municipal taxes.  Tracts of annexed land in excess of five (5) acres which are used by persons engaged in farming or ranching, and all farm animals and livestock, and all agricultural implements and machinery and household goods located on the land, shall not be subject to municipal taxes unless the municipality furnishes services to these tracts as are ordinarily furnished to municipal residents.  No land which is used for agricultural purposes may be taken within the limits of a town and taxed at a greater rate than land which is adjacent to but outside the town limits.

B.  On any annexation after July 1, 1998, the revenue and taxation ordinances of any municipality and the licensing and regulatory authority of any municipality shall not apply or extend to any military installation located on federal property which has been annexed in part or in whole by a municipality.

Added by Laws 1977, c. 256, § 21-109, eff. July 1, 1978.  Amended by  Laws 1998, c. 119, § 1, eff. July 1, 1998.

§1121110.  Detachment of municipal territory  Procedure.

A.  Territory may be detached from the corporate limits of a municipality by the governing body when:

1.  An ordinance of the governing body so directs; or

2.  A petition requesting detachment, signed by at least threefourths (3/4) of the registered voters and by the owners of at least threefourths (3/4), in value, of the property to be detached, is filed with the governing body.

Only land which is within the limits of the municipality and upon its border and not laid out in lots and blocks, or land which had been annexed to a municipality, may be detached by petition.

B.  Petitioners for detachment of municipal territory shall comply with the following procedures:

1.  A true and complete unsigned copy of the petition requesting detachment shall be filed with the clerk of the municipality before it is circulated and signed by at least three-fourths (3/4) of the registered voters and by the owners of at least three-fourths (3/4), in value, of the property to be detached, as required by subsection A of this section;

2.  Signed copies of the petition requesting detachment shall be filed with the clerk of the municipality within ninety (90) days after the initial filing of the unsigned copy with the clerk; and

3.  Notice of the filing of the signed petition requesting detachment with the clerk of the municipality shall be given in the same manner provided for petitions requesting annexation.

Failure to comply with the notice requirement or the other procedures set forth in this subsection shall render the petition for detachment insufficient and no action thereon shall be required by the clerk or governing body of the municipality.

C.  When signed copies of the petition requesting detachment are timely filed with the clerk of the municipality, the clerk shall determine the sufficiency of the signatures appearing on the petition.  The clerk shall then publish, in at least one newspaper of general circulation in the municipality, a notice of the filing and the apparent sufficiency or insufficiency of the petition.  Within ten (10) days following the publication, the governing body of the municipality shall hold a public hearing on the petition requesting detachment and take such action thereon as the governing body deems appropriate, which may include approval, denial, or deferral.

D.  Appeal to the district court concerning any action by the clerk or governing body of the municipality on a petition requesting detachment shall be in the same manner provided for petitions requesting annexation.

Added by Laws 1977, c. 256, § 21110, eff. July 1, 1978.  Amended by Laws 1999, c. 343, § 1, eff. Nov. 1, 1999.

§1121111.  Liability of detached territory.

Any lands detached from a municipality and the owners thereof shall be liable to the municipality only for the cost of public improvements which may have been constructed on the detached lands at the expense of the municipality.  The municipality shall have no claim upon nor collect any tax from the detached territory for any public debt or the cost of any public improvements which have not been expended directly upon the detached lands.

Laws 1977, c. 256, § 21111, eff. July 1, 1978.  

§11-21-112.  Record regarding territory annexed or detached.

When any territory is annexed to or detached from a municipality, whether by ordinance or court order, the mayor shall file and record a duly certified copy of the ordinance or court order, together with an accurate map or plat of the territory, in the office of the county clerk of the county in which the territory, or the greater portion of it, is located and with the Ad Valorem Division of the Oklahoma Tax Commission.  The record in the office of the county clerk shall be conclusive evidence of such annexation or detachment.

Added by Laws 1977, c. 256, § 21-112, eff. July 1, 1978.  Amended by Laws 2000, c. 314, § 1, eff. July 1, 2000.

§11-21-113.  Annexation of unoccupied property for road and bridge construction.

Upon proper notification, a municipality may annex any unoccupied property of an owner who is not a resident of this state which is adjacent or contiguous to property already within the municipal limits for the sole purpose of constructing roads and/or bridges which are provided for in the comprehensive plan of the municipality, if such owner does not object to the annexation within thirty (30) days of the publication and mailing of such notice.  For purposes of this subsection, notice shall be given by posting a copy of the notice on the subject property, by publication in a legally qualified newspaper of general circulation in the area in which the property to be annexed is located and by certified mail to the owner of such property as shown by the current year's tax rolls in the county treasurer's office.

Added by Laws 1990, c. 215, § 4, emerg. eff. May 18, 1990.

§11-21-114.  Petition to annex unincorporated territory enclosed by boundaries of other municipality - District court action.

A.  The majority of the owners of a subdivision or property owners located in unincorporated territory which is enclosed by the boundaries of a municipality may petition for annexation in writing to another municipality if:

1.  The width of the boundary is less than twenty (20) feet; and

2.  The property is contiguous to the other municipality except for the boundary.

B.  The governing body of the other municipality may grant the petition after notifying the enclosing municipality in writing at least thirty (30) days prior to adoption of the annexation ordinance.  The boundary of the enclosing municipality shall recede to the extent of the annexation.  The enclosing municipality at any time may reestablish its boundary within unincorporated territory enclosed by it on or after July 1, 2001.  The enclosing municipality may bring an action in district court to invalidate the annexation.  If the district court finds that the conditions for annexation exist and that the enclosing municipality has not demonstrated a substantial governmental interest in the use of the property, it shall uphold the annexation.

Added by Laws 1991, c. 57, § 1, eff. Sept. 1, 1991.  Amended by Laws 2001, c. 150, § 1, eff. July 1, 2001.

§11-21-115.  Inclusion of territory in public records or notices - Presumption of validity.

In the event any territory has been included within public records or public notices describing the corporate boundaries of a municipality for purposes of an election or ad valorem tax assessment of the municipality for five (5) consecutive years, there shall be a rebuttable presumption that the territory is situated within the municipality.  The public records and public notices shall be evidence of the jurisdiction of the municipality over the territory in all suits by or against the municipality.

Added by Laws 1999, c. 220, § 2, eff. Nov. 1, 1999.

§11-21-121.  Furnishing retail electric service to certain electric consuming facilities prohibited.

Except as provided in this section, municipal corporations or public trusts thereof, the Grand River Dam Authority, rural electric cooperatives or investor-owned electric utilities shall not furnish retail electric service to an electric consuming facility which is currently being served, or which was being served and the electric facilities are in place to render such a service, by a municipal corporation or public trust thereof, the Grand River Dam Authority, a rural electric cooperative or an investor-owned electric utility unless the entities involved have agreed by mutual consent, in writing, to such transaction.  For purposes of this section, the term "electric consuming facility" means everything that utilizes electric energy from a central station source.

Added by Laws 1989, c. 26, § 1, emerg. eff. March 30, 1989.  Amended by Laws 1992, c. 245, § 1, emerg. eff. May 21, 1992; Laws 1998, c. 391, § 1, emerg. eff. June 10, 1998.

§1121201.  Municipalities subject to inundation  Acquiring new townsite.

When fifty percent (50%) or more of the area of a municipality shall be liable to inundation by the construction of a lake, reservoir or other body of water, and the municipal governing body determines that it is impracticable to annex adjacent or contiguous terrritory which is necessary for the municipality, the governing body may acquire a new site for the municipality.

Laws 1977, c. 256, § 21201, eff. July 1, 1978.  

§1121202.  Approval of plat  Special election.

The owners of a tract of land located not more than ten (10) miles from the nearest limits of the municipality, or located at any greater distance which is reasonable under the circumstances in order to secure the most desirable site, may present to the governing body a plat of the tract of land prepared in the same manner as a plat for a proposed municipal incorporation.  The governing body shall examine the plat and may require amendments and changes as it deems expedient.  If the governing body finds that the area contained in the plat is a suitable and desirable site for the municipality, it shall call for a special election on the question of whether the territory comprised within the plat shall be annexed to the municipality and serve as the new site for the municipality.

Laws 1977, c. 256, § 21202, eff. July 1, 1978.  

§1121203.  Approval of annexation  Recording of resolution and plat.

If a majority of the votes cast in the election are in favor of annexation of the territory and relocation of the municipality, the governing body shall so declare by resolution, and a copy of the resolution and the plat shall be filed for record in the office of the county clerk and the office of the Secretary of State.  If part or all of the territory comprised within the new site is located in a county other than that in which the municipality is located, the resolution and plat shall be recorded in each county.  Upon the date of the filing of the resolution and the plat, the territory shall be annexed to and be the site of the municipality.

Laws 1977, c. 256, § 21203, eff. July 1, 1978.  

§1121204.  New boundaries of the municipality.

All portions of land within the original boundaries of the municipality shall continue to be within its limits and subject to its governmental authority.  The governing body may, in the interest of the public or the owners of such land, detach any territory embraced within its original limits in the manner provided by law for the detachment of municipal territory.

Laws 1977, c. 256, § 21204, eff. July 1, 1978.  

§1121205.  Additional powers of governing body in relocating municipality.

In relocating a municipality subject to inundation, the governing body may also:

1.  Provide by ordinance for the acquisition of a new site through the exercise of the right of condemnation in the manner provided by law for municipalities, or by negotiated purchases or in any other lawful manner;

2.  Provide for the reimbursement of owners of the annexed property through the issuance of bonds in the manner provided by law for cities and towns, and hold any necessary bond election together with the special election on the question of annexation and relocation, or through the encumbrance of the acquired property or in any other lawful manner;

3.  Provide for the administration of the annexed property, including, but not limited to, the authority to zone and other similar and usual powers for regulating use and development of realty and the power to provide for and regulate the sale of lots and excess property, if any, and to enact ordinances as will facilitate the orderly and equitable relocation of the municipality; and

4.  Act in concert with, or deal with, any private person, agency, nonprofit corporation, governmental body or agency or other appropriate entity in the accomplishment of these ends.

Laws 1977, c. 256, § 21205, eff. July 1, 1978.  

§11-21-222.  Condemnation proceedings relating to rural electric cooperatives or electric public utilities - Moratorium - Implementation of retail consumer choice contingency.

There is hereby declared a moratorium on all municipal condemnation proceedings instituted pursuant to Section 437.2 of Title 18 of the Oklahoma Statutes, initiated prior to the enactment of electric restructuring enabling legislation and the implementation of consumer choice of retail electric energy suppliers.  The moratorium shall also apply to all municipalities or public trusts thereof which attempt to condemn the facilities of electric public utilities or rural electric cooperatives for the purpose of utilizing such facilities for the delivery of electric power and energy.  The moratorium shall remain in effect until the enactment of electric restructuring enabling legislation and implementation of consumer choice of retail electric energy suppliers.  Upon such enactment of electric restructuring enabling legislation and implementation of consumer choice of retail electric energy suppliers, the municipal condemnation provisions authorizing municipalities with electric utilities to condemn the facilities of rural electric cooperatives contained in Section 437.2 of Title 18 of the Oklahoma Statutes is hereby repealed.  The moratorium provided for herein shall have prospective and retroactive application.

Added by Laws 1998, c. 391, § 2, emerg. eff. June 10, 1998.  Amended by Laws 2001, c. 397, § 1, emerg. eff. June 4, 2001.

§1122101.  Corporate powers of municipalities.

All incorporated municipalities shall be bodies corporate and politic, and shall have the powers to:

1.  Sue and be sued;

2.  Purchase and hold real and personal property for the use of the municipality;

3.  Sell and convey any real or personal property owned by the municipality and make orders respecting the same as may be conducive to the best interests of the municipality;

4.  Make all contracts and do all other acts in relation to the property and affairs of the municipality, necessary to the good government of the municipality, and to the exercise of its corporate and administrative powers; and

5.  Exercise such other powers as are or may be conferred by law.

Laws 1977, c. 256, § 22101, eff. July 1, 1978.  

§1122101.1.   Political activities by municipal employees  Restrictions.

Municipal employees may attend and express their views at city council meetings, or any other public meetings of municipal entities.

Any municipal employee may actively participate in partisan and nonpartisan political activities.  Provided, the political activity in which the employee participates shall be exercised only during offduty hours and while not in uniform.  Any federal statutes restricting the political activities of certain municipal employees shall supersede the provisions of thissection as to such employees. Municipal corporations may establish employment requirements requiring municipal employees to refrain from filing as a candidate for public office while employed by said municipality.

Amended by Laws 1983, c. 276, § 1, emerg. eff. June 24, 1983.  

§1122101.2.  Employer coercion prohibited.

It shall be unlawful for the governing body or officer of any municipal corporation in this state to directly or indirectly coerce or attempt to coerce any municipal employee to participate or refrain from participation in municipal political activities or public meetings.

Laws 1981, c. 311, § 2.  

§1122101.3.  Violations.

Any person convicted of violating any of the provisions of this act shall be guilty of a misdemeanor.

Laws 1981, c. 311, § 3.  

§1122102.  Proof of legal organization or ordinances  Recovery of costs and attorney fees.

A.  If a suit is instituted by a municipality, the municipality shall not be required to post bond or to show its compliance with any of the provisions of law as to its organization or publication of ordinances unless the same is controverted by affidavit.

B.  A municipality shall be entitled to recover its costs and attorneys fees on the same terms and in the same manner as any other party.

Amended by Laws 1984, c. 126, § 38, eff. Nov. 1, 1984.  

§1122103.  Service of notice or process on municipality.

Any notice or process affecting a municipality shall be served upon the municipal clerk, or in his or her absence then upon a deputy municipal clerk or upon the mayor.

Amended by Laws 1984, c. 126, § 39, eff. Nov. 1, 1984.  

§11-22-104.  Right to engage in business - Public utilities and improvements - Eminent domain - Issuance of bonds - Lease of public utility.

Every municipality shall have the right to:

1.  Engage in any business or enterprise which may be engaged in by a person, firm, or corporation by virtue of a franchise from the municipality and to do all things necessary and proper in the discretion of the governing body of the municipality pursuant to the authority granted to it by the Constitution and laws of this state to maintain said business or enterprise for the benefit of the municipality;

2.  Acquire, own, and maintain, within or without its corporate limits, real estate for sites and rights-of-way for any municipal purpose including but not limited to public utility and public park purposes, and for the location thereon of waterworks, electric light and gas plants and other facilities for generating or distributing energy, ports, airports, hospitals, quarantine stations, garbage reduction plants, pipelines for the transmission and transportation of gas, water, stormwater, and sewerage, and for any plant for the manufacture of any material for public improvement purposes and public buildings;

3.  Exercise the right of eminent domain for any municipal purpose, within or without its corporate limits, and to establish, lay, and operate any plant or pipeline upon any land or right-of-way taken pursuant to eminent domain.  Any business or profession which is affected by the right of eminent domain as exercised pursuant to the provisions of this section shall be considered as a property right of the owner thereof and proper allowance therefor shall be made;

4.  Exercise the right to manufacture any material for public improvement purposes, and to barter or exchange the same for other material to be used in public improvements in the municipality, or to sell the same;

5.  Issue and sell bonds subject to and by virtue of the provisions of the Constitution of this state and in the manner and form provided by law in order to raise the monies to establish and maintain public utilities, parks, and improvements;

6.  Sell or lease to any consumer or corporation, within or without its boundaries, the commodities and services supplied by such municipally owned or controlled public utility, business enterprise, or improvement and to enter into such short- or long-term contracts, agreements, and stipulations and do all things necessary and proper to further the capability of the municipality pursuant to the authority granted to it by the Oklahoma Statutes and the Constitution of this state to provide said commodities and services as may be deemed appropriate by the governing body of the municipality;

7.  Lease at a stipulated rental rate any public improvement or utility from any person, firm, or corporation which will contract to furnish the same.  Any such rental contract shall reserve for the municipality the option to purchase the improvement or utility in the future; and

8.  Exercise powers necessary to carry out the purpose of the Local Development Act as set forth in Section 854 of Title 62 of the Oklahoma Statutes.

Added by Laws 1977, c. 256, § 22-104, eff. July 1, 1978.  Amended by Laws 1984, c. 126, § 40, eff. Nov. 1, 1984; Laws 1987, c. 23, § 1, eff. Nov. 1, 1987; Laws 1998, c. 63, § 1, eff. Nov. 1, 1998.

§1122105.  Condemnation of private property.

Private property may be taken for public use, or for the purpose of giving a rightofway or other privilege for any necessary purpose, in the manner provided by law; but in every case the municipality shall make adequate compensation to the person or persons whose property shall be taken or injured thereby as provided by law.

§11-22-105.1.  Displacing private company providing solid waste collection service - Notice and hearing - Acquisition by purchase, donation, or condemnation - Judicial review of report of commissioners.

A.  Pursuant to Section 2-10-102 of Title 27A of the Oklahoma Statutes, it is the policy of this state to regulate the management of solid waste in order to protect the public health, safety and welfare.  For this purpose and for purposes of this section, the collection of solid waste shall be a matter of statewide interest.

B.  No municipality shall displace or pass an ordinance to displace a private company providing solid waste collection service without first:

1.  Holding at least one public hearing seeking comment on the advisability of the municipality providing such service;

2.  Providing at least forty-five (45) days written notice of the hearing, delivered by first-class mail to all private solid waste collection companies which provide service in the municipality; and

3.  Providing public notice of the hearing.

Following the final public hearing held pursuant to this section, but in no event longer than one (1) year after the date of the hearing, if the municipality elects to provide such solid waste collection services and displace the private solid waste collection company, the municipality shall purchase by condemnation the private solid waste collection services as set forth in this section.

C.  A municipality shall have the authority to acquire by purchase, donation, or condemnation such interests in any private company providing solid waste collection services operating within the limits of the municipality.  The municipality shall give the owner of the displaced private solid waste collection company the opportunity to sell the displaced private solid waste collection services to the municipality at an agreed upon or negotiated price or the municipality may acquire the business by condemnation as provided in this section.

D.  If the municipality seeks to condemn the displaced private solid waste collection services, the district judge of the county in which the displaced services are located, upon petition of either party, shall direct the sheriff of the county to summon three disinterested freeholders, to be selected by the judge as commissioners, and who shall not have a conflict of interest.  The commissioners shall be sworn to perform their duties impartially and justly.  The commissioners shall inspect the company and the displaced services and consider the injury which the owner may sustain by reason of the condemnation, and they shall assess the just compensation to which the owner is entitled.  The commissioners shall make a report in writing to the clerk of the court, setting forth the quantity, boundaries, and just compensation for the property or services taken, and amount of injury done to the business, either directly or indirectly, which they assess to the owner.  The report shall be filed and recorded by the clerk.

E.  Immediately upon payment to the clerk of the court of the sum assessed by the commissioners, the municipality shall be authorized to collect solid waste in the area serviced by the owner of the business.  If the owner refuses to cease collection of solid waste pursuant to this section, the court shall issue an order, upon proof, enjoining the owner from collecting solid waste in the areas subject to such condemnation.

F.  The report of the commissioners may be reviewed by the district court, on written exceptions filed by either party in the clerk's office within thirty (30) days after the filing of the report.  The court, after a hearing, shall make such order as right and justice may require, either by confirmation, rejection, or by ordering a new appraisement on good cause shown.  In the event a new appraisement is ordered, the municipality shall have the continuing right of possession obtained under the first appraisal, unless and until its right to condemn has finally been determined otherwise.  Either party may, within sixty (60) days after the filing of such report, file with the clerk a written demand for a trial by jury, in which case the amount of damages shall be assessed by a jury, and the trial shall be conducted and judgment entered in the same manner as civil actions in the district court.  If the party demanding the trial does not recover a verdict more favorable to such party than the assessment of the commissioners, all costs in the district court shall be taxed against such party.  If, after the filing of exceptions to the report of commissioners as provided in this section, the municipality shall fail to establish its right to condemn such business, the owner shall be restored to possession of the business, or part thereof, and the municipality shall pay the owner for any damages sustained through the occupation by the municipality.  If such damages cannot be determined by amicable settlement, the damages shall be determined by jury trial in the same proceedings.

G.  Either party aggrieved may appeal to the Supreme Court from the decision of the district court on exceptions to the report of commissioners, or jury trial.  The review or appeal shall not delay the work of the municipality in question if the award of commissioners, or jury, as the case may be, has been deposited with the clerk for such owner.  In no case shall the municipality be liable for the costs on the review or appeal unless the owner of the business shall be adjudged entitled, upon either review or appeal, to a greater amount of damages than was awarded by the commissioners.  The municipality shall in all cases pay the cost of the commissioners' fees and expenses, for their services, as determined and ordered paid by the judge of the district court in which such case is pending.  However, poundage fees and condemnation fees shall only be paid by the municipality in the event of appeal resulting in a jury verdict in excess of the commissioners' award.  Under no circumstances shall any poundage fees or condemnation fees be assessed against the recipient of the award.  In case of review or appeal, a certified copy of the final order or judgment shall be transmitted by the clerk of the court to the county clerk and be filed.

H.  As used in this section:

1.  "Displace" or "displacement" means a municipality's provision of a service which prohibits a private company from providing the same service and which the company is providing at the time the decision to displace is made.  Displace or displacement does not mean:

a. competition between the municipality and private companies for individual contracts,

b. situations where a municipality, at the end of a contract with a private company, does not renew the contract and either awards the contract to another private company, or, decides to provide for such services itself,

c. situations where action is taken against the private company because the company has acted in a manner threatening to the public health, safety and welfare of the citizens of the municipality or resulting in a substantial public nuisance,

d. situations where action is taken against the private company because the company has materially breached its contract with the municipality, or

e. entering into a contract with a private company to provide solid waste collection so long as the contract is not entered into pursuant to an ordinance which displaces or authorizes the displacement of another private company providing solid waste collection;

2.  "Just compensation" means the value of the business taken, and in addition, any injury to any part of the business not taken.  Any special and direct benefits to the part of the business not taken may be offset only against any injury to the business not taken.  If only a part of the business is taken, just compensation shall be ascertained by determining the difference between the fair market value of the whole business immediately before the taking and the fair market value of that portion left remaining immediately after the taking; and

3.  "Solid waste" shall have the same meaning as provided in Section 2-10-103 of Title 27A of the Oklahoma Statutes.

Added by Laws 1998, c. 18, § 1, eff. Nov. 1, 1998.

§11-22-106.  License tax on occupations - Authority to levy and collect - Penalties.

A.  A municipal governing body may levy and collect a license tax on auctioneers, contractors, druggists, hawkers, peddlers, bankers, brokers, pawnbrokers, merchants of all kinds, grocers, confectioners, restaurants, butchers, taverns, public boarding houses, billiard tables, bowling alleys, and other amusement devices, drays, hacks, carriages, omnibuses, carts, wagons and other vehicles used in the municipality for pay, hay scales, lumber dealers, furniture dealers, saddle or harness dealers, stationers, jewelers, livery stable keepers, real estate agents, express companies or agencies, telegraph companies or agencies, shows, theatres, all kinds of exhibitions for pay, also photographers, photographers' agents, agents of all kinds and solicitors.  The taxes so levied and collected shall be applied for the use and benefit of the municipality as the governing body may direct.

B.  All scientific and literary lectures and entertainments shall be exempt from license taxation, and also all concerts and musical or other entertainments given exclusively by the citizens of the municipality.

C.  The governing body may establish penalties for any failure to observe the license provisions or to pay the tax provided for by ordinance.

D.  A municipal body which levies and collects a license tax on licensed plumbing, electrical and mechanical contractors pursuant to subsection A of this section, may only assess the tax on the licensed contractor and shall not levy or collect such tax on a licensed journeyman or apprentice.  The amount of tax assessed shall be determined by the municipalities based on the number of licensed journeymen or apprentices under the supervision of the licensed contractor.

Added by Laws 1977, c. 256, § 22-106, eff. July 1, 1978.  Amended by Laws 2003, c. 318, § 1, eff. Nov. 1, 2003.

§1122107.  Licenses and fees regulated by ordinance  Expiration  Issuance  Seal  Exchange of information for collecting of state and local taxes.

Municipal licenses and license fees shall be regulated by ordinance.  A municipality may establish such license requirements as it deems appropriate in the exercise of its police power and may provide that each applicant supply his state sales tax identification number or proof of exemption pursuant to the provisions of Title 68 of the Oklahoma Statutes.  Any license issued by the governing body shall expire no later than one (1) year after the date of its issuance or on June 30 of each year.  No license may be issued until the amount prescribed therefor is paid to the municipal treasurer.  No license in any case may be assigned or transferred.  Licenses shall be signed as provided for by ordinance.  The clerk shall affix the corporate seal of the municipality to the license.  A municipality and the Oklahoma Tax Commission may exchange information to further the collection or enforcement of state and local taxes.  The municipality and the officers and employees of the municipality shall preserve the confidentiality of such information in the same manner and be subject to the same penalties as provided for by Section 205 of Title 68 of the Oklahoma Statutes, provided that the municipal prosecutor and other municipal enforcement personnel may receive all information necessary to enforce municipal sales tax ordinances or licensing ordinances.

Laws 1977, c. 256, § 22-107, eff. July 1, 1978; Amended by Laws 1984, c. 126, § 41, eff. Nov. 1, 1984.

§1122107.1.  Cable television systems  Terms of overlapping certificates  Provisions inconsistent with state or federal law.

A.  A municipality may by ordinance or otherwise issue a certificate, license or permit, for the operation of a cable television system.  A municipality may establish such certificate, license or permit requirements as it deems appropriate in the exercise of its police power.  Any certificate, license or permit issued by the governing body shall be nonexclusive and shall not exceed a period of twentyfive (25) years and may be revocable by the governing body if said body determines that the holder of the certificate, license or permit has willfully failed or neglected to perform duties pursuant to the terms of the grant of the certificate, license or permit.  A certificate, license or permit may be assigned or transferred subject to approval of the governing body of the municipality.  Nothing herein shall limit the authority of a municipality to comply with state or federal law.

B.  No municipality shall grant any overlapping certificate, license, permit or franchise for cable television service within its jurisdiction on terms or conditions more favorable or less burdensome than those in any existing certificate, license, permit or franchise within such municipality.

C.  No municipal provisions regulating a cable television system may be adopted which are inconsistent with either state or federal law relating to cable television operations.

Added by Laws 1985, c. 65, § 1, eff. Nov. 1, 1985. Amended by Laws 1988, c. 147, § 1, eff. Oct. 11, 1988.  

§11-22-107.2.  Sellers of cable television service - Assessment of late fee.

A.  Unless otherwise specifically prohibited by law, a seller of cable television service may assess a late fee on delinquent accounts having an unpaid balance of Twelve Dollars ($12.00) or more.

B.  The seller of cable television service shall conspicuously disclose, in the contract for service and on each statement or invoice, the terms on which a late fee may be assessed by the seller including the amount of the fee.

C.  No late fee shall be assessed which exceeds Six Dollars ($6.00) or five percent (5%) of the unpaid amount, whichever is greater.

D.  Prior to collecting a late fee, the seller shall give notice to the customer by first class mail to the customer's last known billing address as shown on the records of the seller of the amount of the delinquency at least ten (10) days prior to the date the fee will be imposed.  The notice shall conspicuously state the place and address for making payment, the date on which the late fee will be imposed, and the amount of the late fee.

Added by Laws 1998, c. 352, § 1, eff. July 1, 1998.

§1122108.  Power to suppress gaming and gambling.

The municipal governing body may enact ordinances to restrain, prohibit, and suppress games and gambling houses, bowling alleys, pool and billiard tables, and other gambling tables.  The powers granted to municipalities in this section shall not be construed to repeal any gambling law now on the statute books, but shall be cumulative only.

Laws 1977, c. 256, § 22108, eff. July 1, 1978.  

§1122109.  Disorderly houses and public indecencies.

The municipal governing body may enact ordinances to restrain, prohibit, and suppress houses of prostitution and other disorderly houses and practices, and all kinds of public indecencies.  No municipal officer shall accept or receive any hush money, or any money or valuable things, from any person or persons engaged in any such business or practice, or grant any immunity or protection against a rigid enforcement of the laws and ordinances enacted to restrain, prohibit and suppress any such business or practice.

Laws 1977, c. 256, § 22109, eff. July 1, 1978.  

§11-22-109.1.  Location of adult novelty shops.

A.  As used in this act:

1.  "Adult novelty shop" means a commercial establishment that displays, sells, or offers for sale instruments, devices, or paraphernalia designed or marketed primarily for use to stimulate human genital organs or for use in connection with sadomasochistic practices; and

2.  "Sadomasochistic practices" means flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

B.  The location of an adult novelty shop shall be subject to the nondiscriminatory zoning ordinances of the town or city in which located, and the location of such entities is specifically prohibited within one thousand (1,000) feet of:

1.  Any building primarily and regularly used for worship services and religious activities;

2.  Any public or private school;

3.  Any public park or playground;

4.  Any public library; or

5.  Any land zoned or used for residential purposes.

Provided, that if any such building used for worship and religious activities, any public or private school, any public park or playground, any public library or any land zoned or used for residential purposes shall be established within one thousand (1,000) feet of any such premises after the premises have been established, this shall not be a bar to the continuation of the business so long as it has been in continuous force and effect.  The distance indicated in this subsection shall be measured from the nearest property line of such church or school to the nearest public entrance door of the premises of the adult novelty shop along the street right-of-way line providing the nearest direct route usually traveled by pedestrians between such points.  For purposes of determining measured distance, property situated on the opposite side of the street from such church or school shall be considered as if it were located on the same side of the street with such church or school.

Added by Laws 1997, c. 225, § 1, eff. Nov. 1, 1997.

§1122110.  Riots, assaults and disturbances  Firearms and fireworks.

The municipal governing body may regulate or prohibit riots, assaults, batteries, petty larceny, disturbances or disorderly assemblies, and immoral or indecent shows, exhibitions or concerts, in any street, house or place in the municipality; and may regulate, punish, and prevent the discharge of firearms, rockets, powder, fireworks, or other dangerously combustible material in the streets, lots, grounds, alleys or about, or in the vicinity of any buildings. The governing body may also regulate the carrying of firearms or other deadly weapons, concealed or otherwise, as provided for in Section 2 of this act.

Amended by Laws 1985, c. 28, § 1, eff. Nov. 1, 1985.  

§11-22-111.  Cleaning and mowing of property - Notice - Consent - Hearing - Right of entry - Costs - Lien - Ordinances - Summary abatement - Definitions.

A.  A municipal governing body may cause property within the municipal limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the following procedure:

1.  At least ten (10) days' notice shall be given to the owner of the property by mail at the address shown by the current year's tax rolls in the county treasurer's office before the governing body holds a hearing or takes action.  The notice shall order the property owner to clean the property of trash, or to cut or mow the weeds or grass on the property, as appropriate, and the notice shall further state that unless such work is performed within ten (10) days of the date of the notice the work shall be done by the municipality and a notice of lien shall be filed with the county clerk against the property for the costs due and owing the municipality.  At the time of mailing of notice to the property owner, the municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.  However, if the property owner cannot be located within ten (10) days from the date of mailing by the municipal governing body, notice may be given by posting a copy of the notice on the property or by publication, as defined in Section 1102 of this title, one time not less than ten (10) days prior to any hearing or action by the municipality.  If a municipal governing body anticipates summary abatement of a nuisance in accordance with the provisions of subsection B of this section, the notice, whether by mail, posting or publication, shall state: that any accumulations of trash or excessive weed or grass growth on the owner's property occurring within six (6) months from and after the date of this notice may be summarily abated by the municipal governing body; that the costs of such abatement shall be assessed against the owner; and that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner;

2.  The owner of the property may give written consent to the municipality authorizing the removal of the trash or the mowing of the weeds or grass.  By giving written consent, the owner waives the owner's right to a hearing by the municipality;

3.  A hearing may be held by the municipal governing body to determine whether the accumulation of trash or the growth of weeds or grass has caused the property to become detrimental to the health, benefit, and welfare of the public and the community or a hazard to traffic, or creates a fire hazard to the danger of property;

4.  Upon a finding that the condition of the property constitutes a detriment or hazard, and that the property would be benefited by the removal of such conditions, the agents of the municipality are granted the right of entry on the property for the removal of trash, mowing of weeds or grass, and performance of the necessary duties as a governmental function of the municipality.  Immediately following the cleaning or mowing of the property, the municipal clerk shall file a notice of lien with the county clerk describing the property and the work performed by the municipality, and stating that the municipality claims a lien on the property for the cleaning or mowing costs;

5.  The governing body shall determine the actual cost of such cleaning and mowing and any other expenses as may be necessary in connection therewith, including the cost of notice and mailing.  The municipal clerk shall forward by mail to the property owner specified in paragraph 1 of this subsection a statement of such actual cost and demanding payment.  If the cleaning and mowing are done by the municipality, the cost to the property owner for the cleaning and mowing shall not exceed the actual cost of the labor, maintenance, and equipment required.  If the cleaning and mowing are done on a private contract basis, the contract shall be awarded to the lowest and best bidder;

6.  If payment is not made within thirty (30) days from the date of the mailing of the statement, the municipal clerk shall forward a certified statement of the amount of the cost to the county treasurer of the county in which the property is located and the same shall be levied on the property and collected by the county treasurer as other taxes authorized by law.  Once certified by the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section.  Until fully paid, the cost and the interest thereon shall be the personal obligation of the property owner from and after the date the cost is certified to the county treasurer.  In addition the cost and the interest thereon shall be a lien against the property from the date the cost is certified to the county treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid.  At the time of collection the county treasurer shall collect a fee of Five Dollars ($5.00) for each parcel of property.  The fee shall be deposited to the credit of the general fund of the county.  If the county treasurer and the municipality agree that the county treasurer is unable to collect the assessment, the municipality may pursue a civil remedy for collection of the amount owing and interest thereon by an action in personam against the property owner and an action in rem to foreclose its lien against the property.  A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section.  Upon receiving payment, if any, the municipal clerk shall forward to the county treasurer a notice of such payment and directing discharge of the lien; and

7.  The municipality may designate by ordinance an administrative officer or administrative body to carry out the duties of the governing body in subsection A of this section.  The property owner shall have a right of appeal to the municipal governing body from any order of the administrative officer or administrative body.  Such appeal shall be taken by filing written notice of appeal with the municipal clerk within ten (10) days after the administrative order is rendered.

B.  If a notice is given by a municipal governing body to a property owner ordering the property within the municipal limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the procedures provided for in subsection A of this section, any subsequent accumulations of trash or excessive weed or grass growth on the property occurring within a sixmonth period may be declared to be a nuisance and may be summarily abated without further prior notice to the property owner.  At the time of each such summary abatement the municipality shall notify the property owner of the abatement and the costs thereof.  The notice shall state that the property owner may request a hearing within ten (10) days after the date of mailing the notice.  The notice and hearing shall be as provided for in subsection A of this section.  Unless otherwise determined at the hearing the cost of such abatement shall be determined and collected as provided for in paragraphs 5 and 6 of subsection A of this section.  This subsection shall not apply if the records of the county clerk show that the property was transferred after notice was given pursuant to subsection A of this section.

C.  The municipal governing body may enact ordinances to prohibit owners of property or persons otherwise in possession or control located within the municipal limits from allowing trash to accumulate, or weeds to grow or stand upon the premises and may impose penalties for violation of said ordinances.

D.  As used in this section:

1.  "Weed" includes but is not limited to poison ivy, poison oak, or poison sumac and all vegetation at any state of maturity which:

a. exceeds twelve (12) inches in height, except healthy trees, shrubs, or produce for human consumption grown in a tended and cultivated garden unless such trees and shrubbery by their density or location constitute a detriment to the health, benefit and welfare of the public and community or a hazard to traffic or create a fire hazard to the property or otherwise interfere with the mowing of said weeds;

b. regardless of height, harbors, conceals, or invites deposits or accumulation of refuse or trash;

c. harbors rodents or vermin;

d. gives off unpleasant or noxious odors;

e. constitutes a fire or traffic hazard; or

f. is dead or diseased.

The term "weed" shall not include tended crops on land zoned for agricultural use which are planted more than one hundred fifty (150) feet from a parcel zoned for other than agricultural use.

2.  "Trash" means any refuse, litter, ashes, leaves, debris, paper, combustible materials, rubbish, offal, or waste, or matter of any kind or form which is uncared for, discarded, or abandoned.

3.  "Owner" means the owner of record as shown by the most current tax rolls of the county treasurer.

4.  "Cleaning" means the removal of trash from property.

E.  The provisions of this section shall not apply to any property zoned and used for agricultural purposes or to railroad property under the jurisdiction of the Oklahoma Corporation Commission.  However, a municipal governing body may cause the removal of weeds or trash from property zoned and used for agricultural purposes pursuant to the provisions of this section but only if such weeds or trash pose a hazard to traffic and are located in, or within ten (10) yards of, the public right-of-way at intersections.

Added by Laws 1977, c. 256, § 22-111, eff. July 1, 1978.  Amended by Laws 1983, c. 48, § 1, emerg. eff. April 26, 1983; Laws 1986, c. 28, § 1, eff. Nov. 1, 1986; Laws 1988, c. 99, § 1, emerg. eff. April 1, 1988; Laws 1989, c. 5, § 1, emerg. eff. March 22, 1989; Laws 1990, c. 253, § 1, emerg. eff. May 22, 1990; Laws 1994, c. 206, § 1, emerg. eff. May 20, 1994; Laws 1998, c. 146, § 1, eff. Nov. 1, 1998; Laws 2000, c. 82, § 1, eff. Nov. 1, 2000.

§11-22-112.  Condemnation - Procedures - Administrative officer or body - Definitions- Nuisance - Damages or loss of property - Agricultural property.

A.  A municipal governing body may cause dilapidated buildings within the municipal limits to be torn down and removed in accordance with the following procedures:

1.  At least ten (10) days' notice that a building is to be torn down or removed shall be given to the owner of the property before the governing body holds a hearing.  A copy of the notice shall be posted on the property to be affected.  In addition, a copy of the notice shall be sent by mail to the property owner at the address shown by the current year's tax rolls in the office of the county treasurer.  Written notice shall also be mailed to any mortgage holder as shown by the records in the office of the county clerk to the last-known address of the mortgagee.  At the time of mailing of notice to any property owner or mortgage holder, the municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.  However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property, or by publication as defined in Section 1-102 of this title.  The notice may be published once not less than ten (10) days prior to any hearing or action by the municipality pursuant to the provisions of this section;

2.  A hearing shall be held by the governing body to determine if the property is dilapidated and has become detrimental to the health, safety, or welfare of the general public and the community, or if the property creates a fire hazard which is dangerous to other property;

3.  Pursuant to a finding that the condition of the property constitutes a detriment or a hazard and that the property would be benefited by the removal of such conditions, the governing body may cause the dilapidated building to be torn down and removed.  The governing body shall fix reasonable dates for the commencement and completion of the work.  The municipal clerk shall immediately file a notice of dilapidation and lien with the county clerk describing the property, the findings of the municipality at the hearing, and stating that the municipality claims a lien on the property for the destruction and removal costs and that such costs are the personal obligation of the property owner from and after the date of filing of the notice.  The agents of the municipality are granted the right of entry on the property for the performance of the necessary duties as a governmental function of the municipality if the work is not performed by the property owner within dates fixed by the governing body.  Any action to challenge the order of the municipal governing body shall be filed within thirty (30) business days from the date of the order;

4.  The governing body shall determine the actual cost of the dismantling and removal of dilapidated buildings and any other expenses that may be necessary in conjunction with the dismantling and removal of the buildings, including the cost of notice and mailing.  The municipal clerk shall forward a statement of the actual cost attributable to the dismantling and removal of the buildings and a demand for payment of such costs, by mail to the property owner.  In addition, a copy of the statement shall be mailed to any mortgage holder at the address provided for in paragraph 1 of this subsection.  At the time of mailing of the statement of costs to any property owner or mortgage holder, the municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.  If a municipality dismantles or removes any dilapidated buildings, the cost to the property owner shall not exceed the actual cost of the labor, maintenance, and equipment required for the dismantling and removal of the dilapidated buildings.  If dismantling and removal of the dilapidated buildings is done on a private contract basis, the contract shall be awarded to the lowest and best bidder; and

5.  When payment is made to the municipality for costs incurred, the municipal clerk shall file a release of lien, but if payment attributable to the actual cost of the dismantling and removal of the buildings is not made within six (6) months from the date of the mailing of the statement to the owner of such property, the municipal clerk shall forward a certified statement of the amount of the cost to the county treasurer of the county in which the property is located.  Once certified to the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section.  The costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law.  Until finally paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date of the notice of dilapidation and lien is filed with the county clerk.  In addition the cost and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the county clerk.  The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property.  The lien shall continue until the cost is fully paid.  At the time of collection, the county treasurer shall collect a fee of Five Dollars ($5.00) for each parcel of property.  The fee shall be deposited to the credit of the general fund of the county.  If the county treasurer and the municipality agree that the county treasurer is unable to collect the assessment, the municipality may pursue a civil remedy for collection of the amount owing and interest thereon including an action in personam against the property owner and an action in rem to foreclose its lien against the property.  A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section.  Upon receiving payment, the municipal clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien.

B.  The municipality may designate, by ordinance, an administrative officer or administrative body to carry out the duties of the governing body specified in this section.  The property owner shall have the right of appeal to the municipal governing body from any order of the administrative officer or administrative body.  Such appeal shall be taken by filing written notice of appeal with the municipal clerk within ten (10) days after the administrative order is rendered.

C.  For the purposes of this section:

1.  "Dilapidated building" means:

a. a structure which through neglect or injury lacks necessary repairs or otherwise is in a state of decay or partial ruin to such an extent that the structure is a hazard to the health, safety, or welfare of the general public,

b. a structure which is unfit for human occupancy due to the lack of necessary repairs and is considered uninhabitable or is a hazard to the health, safety, and welfare of the general public,

c. a structure which is determined by the municipal governing body or administrative officer of the municipal governing body to be an unsecured building, as defined by Section 22-112.1 of this title, more than three times within any twelve-month period,

d. a structure which has been boarded and secured, as defined by Section 22-112.1 of this title, for more than thirty-six (36) consecutive months, or

e. a structure declared by the municipal governing body to constitute a public nuisance; and

2.  "Owner" means the owner of record as shown by the most current tax rolls of the county treasurer.

D.  Nothing in the provisions of this section shall prevent the municipality from abating a dilapidated building as a nuisance or otherwise exercising its police power to protect the health, safety, or welfare of the general public.

E.  The officers, employees or agents of the municipality shall not be liable for any damages or loss of property due to the removal of dilapidated buildings performed pursuant to the provisions of this section or as otherwise prescribed by law.

F.  The provisions of this section shall not apply to any property zoned and used for agricultural purposes.

Added by Laws 1977, c. 256, § 22-112, eff. July 1, 1978.  Amended by Laws 1984, c. 126, § 42, eff. Nov. 1, 1984; Laws 1988, c. 152, § 1, eff. Nov. 1, 1988; Laws 1989, c. 5, § 2, emerg. eff. March 22, 1989; Laws 1990, c. 253, § 2, emerg. eff. May 22, 1990; Laws 1997, c. 83, § 1, eff. Nov. 1, 1997; Laws 1999, c. 343, § 2, eff. Nov. 1, 1999; Laws 2000, c. 82, § 2, eff. Nov. 1, 2000; Laws 2004, c. 314, § 1, eff. Nov. 1, 2004.

§11-22-112.1.  Boarding and securing dilapidated building - Definitions.

A.  After a building has been declared dilapidated, as provided in Section 22-112 of this title, and before the commencement of the tearing and removal of a dilapidated building, the governing body of any municipality may authorize that such a building be boarded and secured.  However, if the dilapidated building is vacant and unfit for human occupancy, the governing body of any municipality may authorize the structure to be demolished pursuant to Section 22-112 of this title.

B.  A governing body of any municipality may cause the premises on which an unsecured building is located to be cleaned of trash and weeds in accordance with the provisions of Section 22-111 of this title.

C.  A governing body of any municipality may cause an unsecured building to be boarded and secured in accordance with the following procedures:

1.  Before the governing body orders such action, at least ten (10) days' notice that such unsecured building is to be boarded and secured shall be given by mail to any property owners and mortgage holders as provided in Section 22-112 of this title.  At the time of mailing of notice to any property owner or mortgage holder, the municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.  A copy of the notice shall also be posted on the property to be affected.  However, if neither the property owner nor mortgage holder can be located, notice may be given by posting a copy of the notice on the property or by publication as defined in Section 1-102 of this title.  Such notice shall be published one time, not less than ten (10) days prior to any hearing or action by the municipality pursuant to the provisions of this section.  If a municipal governing body anticipates summary abatement of a nuisance in accordance with the provisions of paragraph 9 of this subsection, the notice shall state:  that any subsequent need for boarding and securing the building within a six-month period after the initial boarding and securing of the building pursuant to such notice may be summarily boarded and secured by the municipal governing body; that the costs of such boarding and securing shall be assessed against the owner; and that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner or mortgage holder;

2.  The owner of the property may give written consent to the municipality authorizing the boarding and securing of such unsecured building and to the payment of any costs incurred thereby.  By giving written consent, the owner waives any right the owner has to a hearing by the municipal governing body;

3.  If the property owner does not give written consent to such actions, a hearing may be held by the municipal governing body to determine whether the boarding and securing of such unsecured building would promote and benefit the public health, safety or welfare.  Such hearing may be held in conjunction with a hearing on the accumulation of trash or the growth of weeds or grass on the premises of such unsecured building held pursuant to the provisions of paragraph 3 of subsection A of Section 22-111 of this title.  In making such determination, the governing body shall apply the following standard:  the governing body may order the boarding and securing of the unsecured building when the boarding and securing thereof would make such building less available for transient occupation, decrease a fire hazard created by such building, or decrease the hazard that such building would constitute an attractive nuisance to children.

Upon making the required determination, the municipal governing body may order the boarding and securing of the unsecured building;

4.  After the governing body orders the boarding and securing of such unsecured building, the municipal clerk shall immediately file a notice of unsecured building and lien with the county clerk describing the property, stating the findings of the municipality at the hearing at which such building was determined to be unsecured, and stating that the municipality claims a lien on the property for the costs of boarding and securing such building and that such costs are the personal obligation of the property owner from and after the date of filing the notice;

5.  Pursuant to the order of the governing body, the agents of the municipality are granted the right of entry on the property for the performance of the boarding and securing of such building and for the performance of all necessary duties as a governmental function of the municipality;

6.  After an unsecured building has been boarded and secured, the governing body shall determine the actual costs of such actions and any other expenses that may be necessary in conjunction therewith including the cost of the notice and mailing.  The municipal clerk shall forward a statement of the actual costs attributable to the boarding and securing of the unsecured building and a demand for payment of such costs, by mail to any property owners and mortgage holders as provided in Section 22-112 of this title.  At the time of mailing of the statement of costs to any property owner or mortgage holder, the municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.

If a municipality boards and secures any unsecured building, the cost to the property owner shall not exceed the actual cost of the labor, materials and equipment required for the performance of such actions.  If such actions are done on a private contract basis, the contract shall be awarded to the lowest and best bidder;

7.  When payment is made to the municipality for costs incurred, the municipal clerk shall file a release of lien, but if payment attributable to the actual costs of the boarding and securing of the unsecured building is not made within thirty (30) days from the date of the mailing of the statement to the owner of such property, the municipal clerk shall forward a certified statement of the amount of the costs to the county treasurer of the county in which the property is located.  Once certified to the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section.  At the time of collection the county treasurer shall collect a fee of Five Dollars ($5.00) for each parcel of property and such fee shall be deposited to the general fund of the county.  The costs shall be levied on the property and collected by the county treasurer as are other taxes authorized by law.  Until fully paid, the costs and the interest thereon shall be the personal obligation of the property owner from and after the date the notice of unsecured building and lien is filed with the county clerk.  In addition the costs and the interest thereon shall be a lien against the property from the date the notice of the lien is filed with the county clerk.  The lien shall be coequal with the lien of ad valorem taxes and all other taxes and special assessments and shall be prior and superior to all other titles and liens against the property.  The lien shall continue until the costs and interest are fully paid.  If the county treasurer and the municipality agree that the county treasurer is unable to collect the assessment, the municipality may pursue a civil remedy for collection of the amount owing and interest thereon by an action in personam against the property owner and an action in rem to foreclose its lien against the property.  A mineral interest if severed from the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section.  Upon receiving payment, the municipal clerk shall forward to the county treasurer a notice of such payment and shall direct discharge of the lien;

8.  The municipality may designate by ordinance an administrative officer or administrative body to carry out the duties of the governing body specified in subsection C of this section.  The property owner or mortgage holder shall have a right of appeal to the municipal governing body from any order of the administrative officer or administrative body.  Such appeal shall be taken by filing written notice of appeal with the municipal clerk within ten (10) days after the administrative order is rendered;

9.  If a municipal governing body causes a structure within the municipal limits to be boarded and secured, any subsequent need for boarding and securing within a six-month period constitutes a public nuisance and may be summarily boarded and secured without further prior notice to the property owner or mortgage holder.  At the time of each such summary boarding and securing, the municipality shall notify the property owner and mortgage holder of the boarding and securing and the costs thereof.  The notice shall state that the property owner may request an appeal with the municipal clerk within ten (10) days after the mailing of the notice.  The notice and hearing shall be as provided for in paragraph 1 of this subsection.  Unless otherwise determined at the hearing the cost of such boarding and securing shall be determined and collected as provided for in paragraphs 6 and 7 of this subsection;

10.  A governing body of any municipality may determine that a building is unsecured and order that such building be boarded and secured in the manner provided for in this subsection even though such building has not been declared, by the governing body, to be dilapidated; and

11.  For the purposes of this subsection:

a. "boarding and securing" or "boarded and secured" means the closing, boarding or locking of any or all exterior openings so as to prevent entry into the structure,

b. "unsecured building" shall mean any structure which is not occupied by a legal or equitable owner thereof, or by a lessee of a legal or equitable owner, and into which there are one or more unsecured openings such as broken windows, unlocked windows, broken doors, unlocked doors, holes in exterior walls, holes in the roof, broken basement or cellar hatchways, unlocked basement or cellar hatchways or other similar unsecured openings which would facilitate an unauthorized entry into the structure, and

c. "unfit for human occupancy" means a structure that due to lack of necessary repairs is considered uninhabitable and is a hazard to the health, safety, and welfare of the general public.

D.  The provisions of this section shall not apply to any property zoned and used for agricultural purposes.

Added by Laws 1984, c. 126, § 43, eff. Nov. 1, 1984.  Amended by Laws 1986, c. 257, § 1, eff. Nov. 1, 1986; Laws 1988, c. 152, § 2, eff. Nov. 1, 1988; Laws 1990, c. 253, § 3, emerg. eff. May 22, 1990; Laws 1997, c. 83, § 2, eff. Nov. 1, 1997; Laws 2000, c. 82, § 3, eff. Nov. 1, 2000.

§11-22-112.2.  Removal of graffiti by municipalities.

A.  A municipal governing body may cause graffiti to be removed from property within the municipal limits in accordance with the following procedures:

1.  The property owner and the tenant, if any, may give their written consent to the municipality authorizing removal of the graffiti.  By giving such written consent, the owner and the tenant each waives the right to notice and a hearing by the municipality as otherwise required by this section;

2.  If the consent of the property owner and the tenant, if any, to remove graffiti from the property cannot be obtained, the municipality may remove the graffiti without such consent pursuant to the procedures set forth in this section;

3.  To remove graffiti from property without the consent of the property owner and the tenant, if any, at least ten (10) days' notice shall be given by mail directed to the address shown by the current year's tax rolls in the county treasurer's office.  Notice to the tenant, if any, shall be given by mail directed to the property address.  The notice shall order the property owner and the tenant, if any, to remove graffiti from the property and shall further state that unless such work is performed within twenty (20) days of the date of the notice the work shall be done by the municipality.  At the time of mailing of notice to the property owner and the tenant, if any, the municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee(s).  In addition, notice shall be given by posting a copy of the notice on the property at least one time not less than ten (10) days prior to any hearing or action by the municipality.  If a municipal governing body anticipates summary abatement of graffiti in accordance with the provisions of subsection B of this section, the notice shall state that any accumulations of graffiti on the property occurring within one (1) year from and after the date of the notice may be summarily abated by the municipality without a hearing and further prior notice to the property owner or the tenant, if any, except by posting of notice at least one time on the property once not less than two (2) business days prior to such summary abatement;

4.  A hearing may be held by the municipal governing body to determine whether the accumulation of graffiti on the property has caused the property to become detrimental or a hazard to the health, safety, or general welfare of the public and the community;

5.  Upon finding that the condition of the property constitutes a detriment or hazard, and that the property, the public, and the community would be benefited by removal of such conditions, the agents of the municipality are granted the right of entry onto the property for the removal of the graffiti thereon and for performance of the necessary duties as a governmental function of the municipality; and

6.  The municipality may designate by ordinance an administrative officer or administrative body to perform the functions set forth in this section.  The property owner and the tenant, if any, shall have a right of appeal to the municipal governing body from any order of the administrative officer or administrative body.  Such appeal shall be taken by filing written notice of appeal with the municipal clerk within ten (10) business days after the administrative order is rendered.

B.  If a notice is given by a municipal governing body to a property owner and tenant, if any, ordering graffiti to be removed from property within the municipal limits in accordance with the procedures provided for in subsection A of this section, any subsequent accumulations of graffiti on the property occurring within a one (1) year period may be summarily abated without further prior notice to the property owner or the tenant, if any.  However, prior to the summary abatement by the municipality, notice thereof shall be posted at least one time on the property not less than two (2) business days prior to such summary abatement.  This subsection shall not apply if the records of the county clerk show that the ownership and/or tenancy of the property was transferred after notice was given pursuant to subsection A of this section.

C.  Removal of graffiti by a municipality pursuant to the provisions of this section shall be performed at the sole expense of the municipality.  In removing the graffiti, the municipality shall restore the property as nearly as possible to the condition as it existed immediately prior to the graffiti being placed on the property.

D.  Nothing in the provisions of this section shall prevent the municipality from abating graffiti as a nuisance or otherwise exercising its police power to protect the health, safety, or general welfare of the public.

E.  The municipality and its officers, employees or agents shall not be liable for any damages or loss of property due to the removal of graffiti performed pursuant to the provisions of this section.

F.  Nothing in this section shall prohibit the municipal governing body from enacting ordinances concerning the removal of graffiti that are more strict than this section.

G.  For the purposes of this section:

1.  "Advertising" means any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner or tenant of the property, or an agent of such owner or tenant, for the purpose of promoting products or services or conveying information to the public;

2.  "Graffiti" means, without limitation, any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched or etched on a rock, tree, wall, bridge, fence, gate, building or other structure; provided, this definition shall not include advertising or any other letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner of the property, a tenant of the property, or by an authorized agent for such owner or tenant;

3.  "Owner" means the owner of record as shown by the most current tax rolls of the county treasurer;

4.  "Removal", "remove", or "removed", when used in relation to the eradication of graffiti means the act of taking graffiti off of, or masking the presence of graffiti on, a rock, tree, wall, bridge, fence, gate, building or other structure; and

5.  "Tenant" means any person shown by the records of the county clerk's office as a lessee of property, or any person lawfully in actual physical possession of property.

Added by Laws 1997, c. 170, § 1, eff. Nov. 1, 1997.

§1122113.  Fire hazards and building location restrictions.

The municipal governing body may regulate the construction or suppression, and cleaning of any apparatus, fixtures, or equipment used in any building, manufactory, or business which may cause or promote fires, may prescribe limits within which dangerous or hazardous businesses may be carried on, and may adopt fire prevention codes and regulations.  The governing body may impose penalties for the violation of such ordinances and may remove or abate any buildings constructed or located in violation of its ordinances.

Amended by Laws 1984, c. 126, § 44, eff. Nov. 1, 1984.  

§11-22-114.  Entry upon private property for making surveys, soundings, examination or terminating public utility services - Reimbursement for damages.

A.  Municipalities through their authorized agents or employees may enter upon any lands, waters, or premises for the purpose of making surveys, soundings, or examinations as may be necessary for the purpose of establishing, locating, relocating, constructing, or maintaining any sewer, waterworks, drain, or public works or facilities.  Entry may also be made for the purpose of terminating any public utility services if the municipality determines the existence of a hazard to the health, safety, or welfare of the general public in connection with said services.  Said entry shall not be deemed a trespass, nor shall an entry pursuant to any condemnation proceedings which may be pending be deemed a trespass. If the municipality does not have written consent for entry from the owner and lessee, the municipality shall give notice to the owner and lessee of the property to be entered, by certified mail at least fourteen (14) days prior to any entry.  If the owner and lessee are unable to be given notice by certified mail, notice shall be given by publication.

B.  Municipalities shall make reimbursement for any actual damages to lands, water, or premises as a result of the entry onto property as authorized in this section.  If there is a disagreement as to the amount of any damage, either the person incurring any damage to land, water, or premises or the municipality may file a petition with the district court in the county where the alleged damage occurred requesting the appointment of a commissioner to appraise the damage and proceed to have the damage determined as in condemnation proceedings.

Amended by Laws 1984, c. 126, § 45, eff. Nov. 1, 1984.

§1122115.  Animals running at large  Regulation and taxation.

The municipal governing body may regulate or prohibit animals from running at large.  Animals which are running at large may be impounded and sold to discharge any costs and penalties established by the governing body and the expense of impounding, keeping or sale of such animals.  The governing body may also provide for the erection of pens, pounds, and buildings for the use of the municipality, within or without the municipal limits, and appoint and compensate keepers thereof, and establish and enforce rules governing the pens, pounds or buildings.  The governing body may also regulate and provide for taxing the owners and harborers of dogs, and authorize the killing of dogs which are found at large in violation of any ordinance regulating the same.

Laws 1977, c. 256, § 22115, eff. July 1, 1978.  

§11-22-116.  Jurisdiction over real property and navigable streams.

A.  Except as provided for in subsection B of this section, the municipality shall have jurisdiction over any real property within or without its corporate limits belonging to the municipality.

B.  A municipality with a population of more than three hundred fifty thousand (350,000) persons, according to the most recent Federal Decennial Census, shall have jurisdiction over any real property within its corporate limits belonging to the municipality.  The municipality shall have the authority to enact ordinances regulating real property belonging to the municipality that is outside the corporate limits of the municipality.  Municipal property outside the corporate limits of the municipality shall be subject to state or municipal law and any violation of state or municipal law shall be prosecuted in the district court of the county or the municipal court of the local city where the violation occurred.  Unless otherwise provided for by law, the municipality may regulate the banks, shores, and wharves of navigable streams within the corporate limits.

Added by Laws 1977, c. 256, § 22-116, eff. July 1, 1978.  Amended by Laws 1984, c. 126, § 46, eff. Nov. 1, 1984; Laws 2003, c. 147, § 1, eff. Nov. 1, 2003.

§1122117.  Traffic regulations  Racing and driving  Games and amusements  School zone speed limits and signs.

Section 22117.  A.  The municipal governing body may establish ordinances and regulations governing the operation of motor vehicles and traffic upon the roads and streets within the municipality in the manner provided by, and not inconsistent with, state law.  The governing body may also regulate and prevent racing and fast driving, and all games, practices or amusements likely to result in damage to any person or property, in the streets, highways, alleys, bridges, sidewalks or other places in the municipality, and riding or driving over or upon the sidewalks of the municipality.

B.  Any municipal governing body which establishes ordinances and regulations governing school zone speed limits, shall place school zone signs designating the beginning and end of the zone on the side or in the center of the roadway.  Such end zone signing shall be as follows:

(a)  On roadways of two driving lanes, only the end zone signing may be on either side of the roadway or in the center of the roadway.

(b)  On roadways in excess of two driving lanes, the end zone signing shall be on the right side of the roadway or in the center of the roadway if said roadway is divided by a median.

Laws 1977, c. 256, § 22117, eff. July 1, 1978; Laws 1978, c. 90, § 1, eff. Oct. 1, 1978.  

§1122117.1.  Possession of security verification form may be required for certain vehicles.

Pursuant to Section 22117 of this title, a municipality may by ordinance require the operator of any motor vehicle registered in this state to carry a current security verification form as defined in Article VI, Chapter 7 of Title 47 of the Oklahoma Statutes or equivalent form which has been issued by the Department.

Any person producing proof that a current security verification form or equivalent form which has been issued by the Department was in force for such person at the time of the alleged offense shall be entitled to dismissal of such charge upon payment of court costs; however, if proof of security verification is presented to the court within fortyeight (48) hours after the violation, the charge shall be dismissed without payment of court costs.

Upon conviction, bond forfeiture or deferral of sentence, the court shall forward an abstract to the Department of Public Safety within ten (10) days reflecting the action taken by the court.

Added by Laws 1982, c. 355, § 10, operative July 1, 1983. Amended by Laws 1984, c. 181, § 1, eff. Nov. 1, 1984.  

§11-22-118.  Regulation of taxicabs - Specific requirements.

The municipal governing body is vested with full police powers, for the purpose of preserving public health, safety and welfare, over the operation, regulation and control of taxicabs within the limits of the municipality.  The municipal governing body may prescribe regulations for the operation of taxicabs, which regulations may include, and shall be limited to the following specific powers and subjects:

1.  Requirement of minimum insurance, bond or other indemnity for public liability upon each taxicab; and if other than standard insurance be permitted, requirement and specifications of terms and conditions under which such other indemnity shall be accumulated, held, maintained, managed, and disposed of to secure persons in whose favor any liability shall arise out of the operation of taxicabs;

2.  Requirement of minimum standards of mechanical condition and efficiency of any vehicle used as a taxicab, together with the power to require inspections to insure compliance therewith;

3.  Restriction of the loading of taxicabs to specified zones or localities; including the power to prohibit and punish "cruising" and the making of such other rules governing the manner of operation of taxicabs as the public safety may require;

4.  Determination, establishing, and enforcement of maximum and/or minimum rates and charges to be made by taxicabs for the transportation of passengers; including, but not requiring, the establishment of zones as the basis of such rates, or the requirement of taximeters as the basis of calculating such charges;

5.  Requirement of municipal license for the operation of each taxicab; together with the right to levy and exact an annual fee therefor, and the right to revoke, cancel and thereafter refuse to reissue such license for failure to comply with or for infractions of regulations promulgated pursuant to this section.  The granting of any license may be made dependent upon the holding of a certificate of convenience and necessity issued by the municipality, if such certificates are provided as authorized by paragraph 6 of this section; and

6.  Requirement for the holding of a certificate of convenience and necessity as a condition precedent to the issuance and holding of a municipal license for the operation of a taxicab; including the power to issue, deny, suspend and revoke such certificates.

Added by Laws 1977, c. 256, § 22-118, eff. July 1, 1978.

§1122119.  Regulation of railway and freight operations within municipal limits.

The municipal governing body may regulate levees, depots, depot grounds, and places of storing freight and goods, and provide for the passage of railways through the streets and public grounds of the municipality. The governing body may also regulate the crossing of railway tracks and the running of railway engines, cars and trucks within the limits of the municipality, and to govern the speed thereof, and to make provisions, rules and restrictions to prevent accidents at crossings and on the tracks of railways and to prevent fires from engines.

Laws 1977, c. 256, § 22119, eff. July 1, 1978.  

§11-22-120.  Public health, hospitals, quarantine, and environmental hazards.

A.  The municipal governing body may enact and enforce such ordinances, rules and regulations as it deems necessary for the protection of the public health, not inconsistent with state law; and may establish and regulate hospitals, and provide for their operation and support.  The governing body may make regulations to prevent the introduction of contagious diseases into the municipality and may enforce quarantine laws within five (5) miles of the municipal limits.

B.  If the Department of Environmental Quality notifies a municipality in writing that certain vacant property presents an extraordinary environmental hazard to public health and safety, the municipal governing body is authorized to enact special ordinances restricting occupancy and use of the vacant buildings, vacant structures or land as necessary to protect against the extraordinary environmental hazard.  This includes, but is not limited to, the authority to restrict occupancy or use by classes of persons who may be especially vulnerable to the environmental hazard.  The municipal governing body is further authorized to restrict occupancy or use, by children or other especially vulnerable classes of persons, of property in areas or at locations with contamination by lead or other hazardous substances to such a degree that normal health and welfare of members of the class are at significant risk.

Added by Laws 1977, c. 256, § 22-120, eff. July 1, 1978.  Amended by Laws 2001, c. 352, § 1, emerg. eff. June 1, 2001.

§1122121.  Nuisances.

The municipal governing body may declare what shall constitute a nuisance, and provide for the prevention, removal and abatement of nuisances.

§1122122.  Trees.

The municipal governing body may enact ordinances for the purpose of regulating, planting and maintaining trees in the streets, avenues or public grounds of the municipality.  Planting and maintaining trees may also be petitioned for in the manner provided for petitioning sidewalks; and the governing body may make assessments and collect taxes in order to pay for planting and maintaining trees in the manner provided for sidewalk assessments and taxes.

Laws 1977, c. 256, § 22122, eff. July 1, 1978.  

§1122123.  Vagrancy.

The municipal governing body may provide by ordinance for the arrest, fine, and imprisonment of vagrants.

Laws 1977, c. 256, § 22123, eff. July 1, 1978.  

§1122124.  Commercial development projects, market houses and marketplaces  Municipal buildings.

The municipal governing body may purchase ground for, erect, establish, operate, and regulate retail or commercial redevelopment projects, market houses, and marketplaces.  The governing body may contract with any person, company, or corporation for the erection, operation, and maintenance of such redevelopment projects, market houses, and marketplaces on terms and conditions and in such manner as may be necessary and proper pursuant to the authority granted to it by the Constitution and laws of this state to protect and preserve such projects and markets for the benefit of the municipality and its citizens.  The municipal governing body may raise all necessary revenue therefor.  The governing body may also provide for the erection and operation of any and all necessary buildings for the municipality.

Amended by Laws 1984, c. 126, § 47, eff. Nov. 1, 1984.  

§1122125.  Gifts to institutions in state system of higher education or to school districts.

The municipal governing body may make gifts of any real estate belonging to the municipality to any institution in The Oklahoma State System of Higher Education or to any school district, which is located in the municipality.  The municipal governing body may purchase or otherwise acquire real estate for this purpose, execute any instruments necessary for the transfer of real estate, and may give buildings or monies for the construction of buildings to institutions in the state system of higher education or any school district in this state.  The governing boards of such institutions or school districts are hereby authorized to accept these gifts.

Laws 1977, c. 256, § 22125, eff. July 1, 1978; Laws 1991, c. 313, § 3, eff. Sept. 1, 1991.

§1122126.  Participation in federal programs.

The municipal governing body may receive funds for and participate in any federal program, and may cooperate with the United States Government and any agency or instrumentality thereof, in the manner authorized and provided by federal law and regulation. In doing so, a municipality may perform all necessary functions and take all necessary actions for accomplishing such federal purposes and programs, as agent of the federal government, notwithstanding any provisions of state law.

Laws 1977, c. 256, § 22126, eff. July 1, 1978.  

§1122127.  Establishing residency requirements.

The municipal governing body by ordinance may designate which appointed officers and employees shall reside within the municipality; but police officers, firefighters and other municipal employees need not be actual residents of the municipality where they are employed in municipalities of five thousand (5,000) population or more, according to the latest federal census.

Laws 1977, c. 256, § 22127, eff. July 1, 1978.  

§1122128.  Authority for public improvements  Borrowing money  Bond issues.

The governing body may provide for making any and all improvements of a general nature in the municipality and may from time to time borrow money and issue bonds for the purpose of paying for such improvements.  No such money shall be borrowed or bonds issued until the governing body is instructed to do so by a vote of at least threefifths of the registered voters voting on the question at any election held in the municipality, unless otherwise provided by the Constitution and laws of Oklahoma.  Bonds issued under this section shall be payable not more than twentyfive (25) years from the date of their issue, with interest thereon at a rate not exceeding a maximum rate established by law.  The governing body shall provide for taxes to pay the bonds at their maturity, and their interest coupons as they respectively become due.

Amended by Laws 1983, c. 170, § 13, eff. July 1, 1983.  

§11-22-129.  Tax warrants against lots for special assessments or for abatement of public nuisance.

A.  Where municipal improvements of any character are made by special assessments upon the abutting lots, or upon blocks, or where a special assessment may be created by ordinance for the direct benefit of a limited locality in a municipality, the governing body may issue a tax warrant against each separate abutting lot, in the manner provided by law, which shall be a valid lien on the lot and shall be extended, collected and bear a like penalty with other taxes of the state, county or municipality.

B.  Where a municipality has abated any public nuisance in accordance with state law or municipal ordinance, the governing body may issue a tax warrant against each separate lot that was actually abated, in the manner provided by law, which shall be a valid lien on the lot and shall be extended, collected and bear a like penalty with other taxes of the state, county or municipality.

Added by Laws 1977, c. 256, § 22-129, eff. July 1, 1978.  Amended by Laws 2003, c. 454, § 1, emerg. eff. June 6, 2003.

§1122130.  Reassessments for void or illegal assessments.

When a municipal governing body has attempted to levy any assessment for improvements which may have been informal, illegal or void for want of sufficient authority or other cause, the governing body of the municipality shall reassess any such assessment in the manner provided by law.

Laws 1977, c. 256, § 22130, eff. July 1, 1978.  

§1122131.  Municipal records  Destruction, sale or disposition after certain time limitations.

A.  A municipal governing body may destroy, sell for salvage or otherwise dispose of the following papers, documents and records after the expiration of the specified period of time following the end of the fiscal year in which the paper, document or record was created, except as otherwise specified:

1.  One (1) year:  parking citations may be destroyed or otherwise permanently disposed of one (1) year after the date of issuances;

2.  Two (2) years:  municipal court warrants, water, sewer, garbage and utility receipts and statements, which have been previously audited; inspection records relating to water meters and sewer inspections; miscellaneous petitions and letters addressed to the governing body on matters other than pertaining to the items hereinafter set forth; utility billing ledger or register; utility cash receipts ledger or register; and utility accounts receivable ledger or register.  Fire run contracts may be destroyed or otherwise disposed of two (2) years after their expiration;

3.  Five (5) years:  successful and unsuccessful bids for the purchase or furnishing of equipment, material and improvements; inspection records except as provided for in paragraph 2 of this section; claims that have been denied; license applications; bonds; special, primary and general election payrolls; election tabulations and returns; withholding statements; garnishment records; traffic tickets and receipts; bond receipts and fine receipts; information and complaints; court dockets; paid general obligation and revenue bonds; paid street improvement, sewer and sidewalk district bonds; warrants; claims; checks; vouchers; purchase orders; payrolls;

4.  Ten (10) years:  inventories; appropriation ledgers; sidewalk assessment records, except payment records; cash receipt book or register for the general fund, the street and alley fund, any bond fund or sinking fund and all other trust funds that have been audited; and

5.  Fifteen (15) years:  sewer and improvement district records, except payment records.

None of the abovementioned records, papers or documents pertaining to pending litigation shall be disposed of until such litigation is finally terminated.  This section shall not be construed to authorize or allow the destruction of any testing laboratory results or the inspection records of public improvements of a municipality.

B.  Time limits for the destruction, sale, or other disposition of municipal papers, documents and records which are not mentioned in subsection A of this section may be determined and set by ordinance or resolution of the municipal governing body.

Added by Laws 1977, c. 256, § 22-131, eff. July 1, 1978.  Amended by Laws 1982, c. 166, § 1; Laws 1987, c. 173, § 3, eff. Nov. 1, 1987; Laws 1990, c. 83, § 1, eff. Sept. 1, 1990; Laws 1996, c. 83, § 1, eff. Nov. 1, 1996.

§11-22-132.  Authority to have records photographed or reproduced on film or stored on optical disk - Original record - Storage.

A.  The head of any municipal department, commission, bureau or board may have any or all records kept by the official, department, commission, bureau or board photographed, microphotographed, photostated, reproduced on film or stored on optical disk.  Such film or reproducing material shall be of durable material and the device used to reproduce such records on film or other material shall be such as to accurately reproduce and perpetuate the original records in all details.

B.  The photostatic copy, photograph, microphotograph, photographic film or optical disk of the original records shall be deemed to be an original record for all purposes, and shall be admissible in evidence in all courts or administrative agencies.  A facsimile, exemplification or certified copy thereof shall, for all purposes recited herein, be deemed to be a transcript, exemplification or certified copy of the original.

C.  Whenever photostatic copies, photographs, microphotographs, reproductions on films or optical disks shall be placed in conveniently accessible files and provisions made for preserving, examining and using same, the head of any municipal department, commission, bureau or board may certify those facts to the municipal governing body.  Following such certification, the governing body may, by ordinance or resolution, authorize the disposal, archival storage or destruction of the original records and papers before the expiration of the retention period established pursuant to Section 22-131 of this title.

Added by Laws 1977, c. 256, § 22-132, eff. July 1, 1978.  Amended by Laws 1990, c. 50, § 1, eff. Sept. 1, 1990; Laws 1998, c. 234, § 1, eff. Nov. 1, 1998.

§1122132.1.  Municipal Records  Maintenance and protection  Availability.

Any officer or employee of a municipality having custody of records or other documents of the municipality shall keep and maintain such records in a manner and at a location prescribed by the governing body.  Such records shall be available for use by officers and employees of the municipality as the governing body shall direct.  The governing body shall establish policies and procedures to preserve and protect the records of the municipality consistent with other provisions of law providing for the confidentiality of such records where appropriate and the accessibility of such records for inspection by the public.

§1122133.  Contesting reasonableness of oil and gas drilling fee.

Any person, firm or corporation may contest the reasonableness of any fee imposed pursuant to the provisions of Section 52 of Title 17 of the Oklahoma Statutes, for the issuance of a permit for the drilling and operation of an oil and gas well or the regulation thereof, by filing a petition in the district court of the county where the governing body of such incorporated city or town is located.  The court, upon hearing all the facts and circumstances relating to the imposition of the fee, shall determine the reasonableness of such fee.  The court may award attorneys' fees and costs to the prevailing party.

Added by Laws 1986, c. 250, § 14, emerg. eff. June 13, 1986.  

§11-22-134.  Purchasing or accounts payable - Approval by electronic process.

Notwithstanding any other provisions of the Oklahoma Statutes, any municipal document, other than checks, drafts or warrants,   relating to purchasing or accounts payable may be approved by the municipality by an electronic process in lieu of a manual process.

Added by Laws 1990, c. 176, § 1, eff. Sept. 1, 1990.

§11-22-135.  National disaster leave.

A.  The governing body of a municipality may grant leave with pay not to exceed fifteen (15) working days to a municipal employee who is affected by a presidentially declared national disaster in Oklahoma after May 1, 1999, if:

1.  The employee suffered a physical injury as a result of the disaster;

2.  A relative or household member of the employee suffered a physical injury or died as a result of the disaster; or

3.  The domicile of the employee or the domicile of a relative of the employee was damaged or destroyed as a result of the disaster.

B.  As used in this section:

1.  "Relative of the employee" shall be limited to the spouse, child, stepchild, grandchild, grandparent, stepparent, or parent of the employee; and

2.  "Household members" means those persons who reside in the same home, who have reciprocal duties to and do provide financial support for one another.  This term shall include foster children and legal wards even if they do not live in the household.  The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune.

C.  The authority to grant leave with pay pursuant to subsection A of this section shall extend for a period of not more than six (6) months after the date of a presidentially declared national disaster.

D.  Annual leave, sick leave, or compensatory time which was charged to a municipal employee as a result of the presidentially declared national disaster resulting from the May 3, 1999, tornadoes that would have otherwise been eligible for the leave provision in subsection A of this section, may be reinstated by the governing body.  A municipal employee entitled to leave with pay pursuant to this section who was charged leave without pay shall be compensated at the base rate of pay of the employee.

E.  A governing body of a municipality may amend an existing leave sharing program or establish a leave sharing program to allow municipal employees to share sick or annual leave with municipal employees who are eligible for leave pursuant to subsection A of this section.  The disaster-related leave sharing plan shall be subject to the following conditions:

1.  An employee eligible for disaster-related leave may receive up to fifteen (15) days donated leave;

2.  The donated leave must be used for disaster-related injuries or matters;

3.  The eligible employee shall not be required to take or exhaust any of the employee's regular sick, personal, or emergency leave in order to receive donated leave;

4.  Donated leave may be used to reinstate regular emergency, sick, or personal leave an employee used after May 1, 1999, for disaster-related injuries or matters;

5.  An eligible employee who was required to take leave without pay for disaster-related injuries or matters may be compensated for up to fifteen (15) days if leave is donated to cover the leave without pay; and

6.  The municipality may require documentation to support a request to use donated leave pursuant to this section.

Added by Laws 1999, c. 306, § 4, eff. July 1, 1999.

§11-22-136.  Intangible property held for owner or apparent owner by municipality or municipal public trust - Abandonment - Notice - Definitions.

A.  Except as provided by other provisions of Title 11 of the Oklahoma Statutes governing disposition of certain specific types of intangible property, any intangible property held for the owner or apparent owner by a municipality or a municipal public trust that remains unclaimed by the owner or apparent owner for one (1) year or more after becoming payable or distributable is presumed abandoned and shall be disposed of as provided by subsection B of this section.

B.  Intangible property presumed abandoned pursuant to the provisions of subsection A of this section shall be disposed of by the municipality or municipal public trust as follows:

1. a. The municipality or municipal public trust shall mail written notice to the owner or apparent owner at his or her last-known address stating that the intangible property shall be paid over to the municipality or municipal public trust unless the owner or apparent owner files a claim therefor with the clerk of the municipality or with the secretary of the municipal public trust, as applicable, within two (2) years of the date of the notice.

b. If the address of the owner or apparent owner is unknown, or the mailed notice required by subparagraph a of this paragraph is returned as undeliverable, the municipality or municipal public trust shall publish such notice two (2) times in a newspaper of general circulation within the county where the principal offices of the municipality or municipal public trust are located; and

2.  If the intangible property is not claimed by the owner or apparent owner within two (2) years of the latest date of the mailed or published notice, as provided in paragraph 1 of this subsection, then the claim of such owner or apparent owner shall be extinguished and the property shall be disposed of as may be determined and directed by the municipal governing body or by the trustees of the public trust, as applicable.

C.  As used in this section:

1.  "Apparent owner" means the person whose name appears on the records of the municipality or municipal public trust as the person entitled to intangible property held, issued, or owning by the municipality or municipal public trust;

2.  "Intangible property" means money, warrants, checks, drafts, deposits, interest, dividends, income, credit balances, customer overpayments, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, unidentified remittances and other similar personal property;

3.  "Last-known address" means a description of the location of the owner or apparent owner sufficient for the purpose of the delivery of mail;

4.  "Municipal public trust" means any public trust of which one or more municipalities are the sole beneficiary or beneficiaries; and

5.  "Owner" means a depositor in the case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, or a person having a legal or equitable interest in property subject to this act, or his or her legal representative.  When used in this section, the term "owner" shall encompass both a single owner or multiple owners.

Added by Laws 2002, c. 119, § 1, eff. Nov. 1, 2002.

§11-22-150.  Short title.

Sections 1 through 9 of this act shall be known and may be cited as the "Oklahoma Municipal Utility Revenue Bond Act".

Added by Laws 1992, c. 211, § 1, eff. July 1, 1992.

§11-22-151.  Purpose and construction of act.

The Oklahoma Municipal Utility Revenue Bond Act shall serve to implement and execute Section 27B of Article X of the Oklahoma Constitution, and nothing in the Oklahoma Municipal Utility Revenue Bond Act shall be construed in a manner contrary to or inconsistent with the provisions of said constitutional provision.

Added by Laws 1992, c. 211, § 2, eff. July 1, 1992.

§11-22-152.  Definitions.

For purposes of the Oklahoma Municipal Utility Revenue Bond Act and the implementation of Section 27B of Article X of the Oklahoma Constitution:

1.  "Affirmative vote of at least three-fourths (3/4) of all members of such governing body" shall mean an affirmative vote by persons comprising not less than three-fourths (3/4) of the total number of members provided by law, municipal ordinance or charter as constituting the governing body of said municipality;

2.  "Bond counsel" shall mean an attorney or firm of attorneys qualified and experienced in public finance transactions, and who renders an opinion as to the validity and enforceability of the obligations issued pursuant to the Oklahoma Municipal Utility Revenue Bond Act;

3.  "Financial advisor" shall mean a person or firm qualified and experienced in public finance transactions, and who renders advice and counsel to the municipality regarding fiscal and marketing aspects pertaining to the obligations issued pursuant to the Oklahoma Municipal Utility Revenue Bond Act.  Provided, any such financial advisor shall not be permitted to bid on, underwrite, purchase or take part in the marketing of the obligations nor have any other pecuniary interest therein, other than the fee negotiated with the municipality for the services of such financial advisor;

4.  "Improve" means to construct, reconstruct, maintain, restore, replace, renew, repair, install, equip, extend, purchase, alter or otherwise perform any work which provides a new facility, or enhances, extends or restores the value or usefulness of an existing facility;

5.  "Improvement" means any type of improvement made by authority of the Oklahoma Municipal Utility Revenue Bond Act and includes reimprovement of any prior improvement made pursuant to the provisions of this or any other applicable act;

6.  "Municipality" shall mean any city or town duly incorporated and validly existing pursuant to the laws of Oklahoma;

7.  "Obligations" shall mean collectively, bonds, notes or other evidences of indebtedness, or any of them, issued by a municipality pursuant to Section 27B of Article X of the Oklahoma Constitution and the provisions of the Oklahoma Municipal Utility Revenue Bond Act, and may include refunding obligations;

8.  "Public trust" shall mean an Oklahoma public trust created pursuant to and existing in accordance with Sections 176 through 180.4 of Title 60 of the Oklahoma Statutes and which has the municipality as a beneficiary; provided, for purposes of the Oklahoma Municipal Utility Revenue Bond Act, "public trust" shall not include a trust created for industrial purposes; and

9.  "Qualified voters" or "voters" shall mean the voters of a municipality duly qualified to vote in a special municipal election on the issuance of bonds of the municipality or on the question of making improvements to public utilities, under the laws, ordinances and charter provisions applicable at the time such election is held.  As used in the Oklahoma Municipal Utility Revenue Bond Act, the singular shall include the plural, and unless indicated herein, defined words shall have the same meaning whether or not capitalized.

Added by Laws 1992, c. 211, § 3, eff. July 1, 1992.

§11-22-153.  Authority to issue certain revenue bonds and obligations - Limitations.

Any municipality may issue its obligations in the manner set out in the Oklahoma Municipal Utility Revenue Bond Act in order to finance, or to refinance, all or a part of the cost of the acquisition, purchase or construction of, or the making of improvements to any public utility owned or to be owned exclusively by said municipality, and said obligations shall be payable from and secured by the revenues resulting from the operation of the municipality's revenue-producing public utilities or any part thereof.  Provided, nothing herein shall authorize or be construed to authorize a municipality to create a lien or mortgage on, or a security interest in or with respect to such public utility or utilities to secure said obligations.  The obligations, when issued and delivered, shall state on the face thereof that the revenue indebtedness or contractual obligations created thereby are limited obligations of the municipality payable from and secured by a lien and charge on the revenues of funds pledged for their payment by the governing body of the municipality and shall not constitute a general indebtedness of the municipality, nor shall it invoke or require the imposition of the general taxing power of such municipality.

Added by Laws 1992, c. 211, § 4, eff. July 1, 1992.

§11-22-154.  Additional sources of security for utility revenue obligations.

Nothing in the Oklahoma Municipal Utility Revenue Bond Act shall prevent a municipality from dedicating sales taxes or other municipal taxes as an additional source of payment and security for its utility revenue obligations, provided that the dedication of such tax revenue is approved by a majority of municipal voters voting at an election held for that purpose, in the manner set out in Section 2701 of Title 68 of the Oklahoma Statutes and other applicable laws, on a ballot question separate from the question of the issuance of revenue obligations.  Further, nothing in the Oklahoma Municipal Utility Revenue Bond Act shall prevent a municipality from purchasing a policy of municipal bond insurance, securing a rating on the creditworthiness of the obligations, obtaining a letter of credit and other such credit enhancement product generally utilized in the public finance industry to further enhance and secure the obligations, provided, that at the time of the securing of such credit enhancement it reasonably appears to the governing body of the municipality that such credit enhancement shall result in a reduction in the amount of interest to be paid by the municipality over the life of the obligations, taking into account the cost of such credit enhancement.  The dedication of such municipal taxes or the providing of credit enhancement for the obligations shall be at the sound discretion of the governing body of the municipality.

Added by Laws 1992, c. 211, § 5, eff. July 1, 1992.

§11-22-155.  Submission of question of issuance of revenue obligations to finance acquisition, purchase or construction of public utility to voters.

Prior to and as a condition precedent to issuing revenue obligations under the Oklahoma Municipal Utility Revenue Bond Act, the governing body of a municipality shall submit the question of issuance of revenue obligations to finance the acquisition, purchase or construction of a public utility or combination of public utilities to qualified voters of the municipality at an election if:

1.  The type or kind of public utility or utilities to be financed have not heretofore been owned or operated by the municipality or a public trust having the municipality as its beneficiary; or

2.  The question of the acquisition, construction or purchase of the public utility or combination of utilities at issue has not been previously approved by a lawful majority of qualified voters of the municipality voting at an election held within ten (10) years of the date of the election.

Added by Laws 1992, c. 211, § 6, eff. July 1, 1992.

§11-22-156.  Submission of question of issuance of revenue obligations to finance improvement of public utility to voters.

Prior to and as a condition precedent to issuing revenue obligations under the Oklahoma Municipal Utility Revenue Bond Act, the governing body of a municipality shall submit the question of issuance of revenue obligations to finance improvements to a public utility or combination of public utilities if:

1.  The improvements are with respect to a public utility or utilities owned by the municipality or by a public trust having the municipality as its beneficiary at the time of the election; and

2.  The original acquisition, purchase or construction of the public utility or utilities on which improvements are to be made was not approved by a lawful majority of qualified voters of the municipality voting at an election for that purpose; or

3.  The original acquisition, purchase or construction of the public utility or utilities on which improvements are to be made was not accomplished and financed by a public trust of which the municipality is a beneficiary.

Added by Laws 1992, c. 211, § 7, eff. July 1, 1992.

§11-22-157.  Approval issuance, sale and delivery of revenue obligations.

A.  Subject to the provisions of Sections 6 and 7 of this act, upon the affirmative vote of at least three-fourths (3/4) of all the members of the governing body, a municipality may borrow money or issue obligations to finance or refinance acquisition, construction or purchase of or the making of improvements to a public utility or utilities.

B.  Obligations issued and sold pursuant to the provisions of the Oklahoma Municipal Utility Revenue Bond Act shall be in such principal amounts and shall mature at such time as determined by the municipal governing body, and shall bear interest at such annual rate or rates as determined by the governing board of the municipality, provided the rate of interest on the obligations or any particular maturity thereof, shall not exceed fourteen percent (14%) per annum.

C.  Evidence of the issuance, sale and delivery of revenue obligations under the Oklahoma Municipal Utility Revenue Bond Act shall be provided by delivering (1) to the Secretary of State a preliminary offering document and notice of sale at least ten (10) business days prior to the date of sale thereof, and (2) to the Secretary of State and the Oklahoma Securities Commission a final offering document within fifteen (15) business days after the delivery thereof.

D.  In the proceedings leading to the approval, issuance, sale and delivery of revenue obligations under the Oklahoma Municipal Utility Revenue Bond Act, a private attorney or attorneys acting as bond counsel and in other necessary capacities may be employed at a fee to be negotiated by the municipality and such attorneys; and the fees and expenses of such counsel may, at the option of the governing body of the municipality, be paid from the proceeds of the obligations or from other available sources.

E.  The governing body of the municipality may also, at its option, employ a financial advisor in connection with the issuance and sale of the obligations at a fee to be negotiated by the governing body and the financial advisor.  Fees and expenses of the financial advisor, if any are incurred, may be paid from the proceeds of the obligations or from other available sources.

F.  The obligations issued pursuant to the Oklahoma Municipal Utility Revenue Bond Act shall be sold at competitive bid, to the bidder bidding the lowest net interest cost on the obligations or the lowest true interest cost as the governing body shall direct.  Notice of the sale of the obligations shall be published at least ten (10) days prior to the sale thereof, and such notice by publication shall include publication once a week for two (2) consecutive weeks in a legally qualified newspaper of general circulation in the municipality, provided that the date specified in the notice for sale of the obligations shall not be less than ten (10) days after the first publication thereof.  The notice of sale shall state that the municipality reserves the right to reject any and all bids.  Provided, however, competitive bidding may be waived upon an affirmative vote of the governing body.  The governing body thereupon may negotiate for the private sale of the obligations to an underwriter or other purchaser or purchasers if it has received the written opinion of bond counsel that such negotiated sale is in accordance with the terms and provisions of the Oklahoma Municipal Utility Revenue Bond Act, and contravenes no other provisions of applicable law.

G.  The obligations may, at the election of the governing body, be sold at a discount; provided that no obligations shall be sold for less than ninety-six percent (96%) of par value until the governing body has received from the underwriter or financial advisor, or in the absence of an underwriter or financial advisor, the initial purchaser of such bonds, an estimated alternative financing structure or structures showing the estimated total interest and principal cost of each alternative.  At least one alternative financing structure shall include bonds sold to the public at par.  Such estimates shall be considered a public record.  In no event shall bonds be sold for less than sixty-five percent (65%) of par value.  Said net interest cost or true interest cost shall include and take into consideration any discount or premium bid on the obligations.

H.  It shall be a further condition to the issuance and sale of revenue obligations hereunder that the municipality establish and maintain for the particular utility or utilities providing revenues to repay the obligations a separate system of accounting for such revenues in order that the governing body of the municipality may accurately and reliably determine from year to year the sufficiency of rates, charges and amounts of revenues derived from such utilities and available to pay debt service and other costs related to the obligations.  Such enterprise accounts shall be clearly identified in the annual audits of the municipality.

Added by Laws 1992, c. 211, § 8, eff. July 1, 1992.

§11-22-158.  General obligation bonds not authorized without vote of citizens.

Nothing in this act shall authorize general obligation bonds without a vote of the citizens of the municipality.

Added by Laws 1992, c. 211, § 9, eff. July 1, 1992.

§11-22-159.  Municipal support of public school systems.

Municipalities may support any public school system located in whole or in part within the corporate limits of the municipality, including without limitation by the expenditure of municipal revenues for construction or improvement of public school facilities.  In furtherance of municipal support for any public school system, as authorized by this section, the municipal governing body may take all actions necessary to effectuate such support.

Added by Laws 1999, c. 217, § 5, eff. Nov. 1, 1999.

§1123101.  Municipality to defend municipal employees in certain legal actions.

A.  Unless otherwise provided for in the Governmental Tort Claims Act, if an action is brought against a municipal employee in any civil action or special proceeding in the courts of this state or of the United States by reason of any act done or omitted in good faith in the course of employment, the governing body of the municipality shall direct the municipal attorney or other designated legal counsel to appear and defend the action or proceeding on the behalf of the employee in accordance with the provisions of Section 23102 of this title.  The municipal governing body shall not designate an attorney to represent a municipal employee if that employee did not perform a statutorily required duty and such duty is a basis of the civil action or special proceeding.

B.  The municipal governing body may direct its attorney to intervene in any action or proceeding and to appear on behalf of the municipality, or any of its officers or employees, if the governing body deems the municipality to have an interest in the subject matter of the litigation.

C.  A municipality may indemnify its employees for actual damages, fees and costs in accordance with the Governmental Tort Claims Act.

Laws 1977, c. 256, § 23-101, eff. July 1, 1978; Laws 1984, c. 126, § 48, eff. Nov. 1, 1984; Laws 1992, c. 371, § 3, eff. July 1, 1992.

§1123102.  Defense of municipal employees  Procedure for request and defense.

If a municipality is to defend a municipal employee in a civil action or special proceeding as provided for in Section 23101 of this title, the following procedure shall apply:

1.  The employee shall make a written request to the governing body of the municipality within ten (10) days after service of summons on the employee.  A copy of the request shall be transmitted by the employee to his immediate supervisor and to the municipal attorney or other designated legal counsel;

2.  Before any defense is initiated, an inquiry shall be made by the municipal governing body of the facts upon which the action or special proceeding is based.  Unless the governing body determines that the employee was acting in good faith and in the course of his employment, representation shall not be provided pursuant to the provisions of Section 23101 of this title;

3.  Upon the decision of the municipal governing body to provide representation for the employee, it shall direct an attorney to appear and defend the action.  Said attorney shall determine the method of preparation and presentation of the defense and shall not be held civilly liable for the exercise of such discretion;

4.  The employee named in the action may employ private counsel at his own expense to assist in his defense;

5.  It shall be the duty of any municipal law enforcement agency to provide investigators at the request of the designated attorney to assist him in implementing the provisions of this section;

6.  No findings or reports of the municipal governing body, the designated attorney, or persons making inquiry subject to their direction pursuant to the provisions of this section shall be discoverable or admissible as evidence in any such action or special proceeding, and no reference thereto shall be made in any such trial or hearing; and

7.  Any officer or employee who acts outside the scope of his official authority shall be liable for damages in the same manner as any private citizen.

Amended by Laws 1984, c. 126, § 49, eff. Nov. 1, 1984.  

§1123103.  Cost of litigation when municipality defends municipal employee.

The cost of litigation in any case for which representation is provided pursuant to Sections 23101 and 23102 of this title shall be paid by the municipality.  Cost of litigation shall include, but is not limited to, court cost, deposition expenses, travel and lodging, witness fees and other similar costs; except that this section shall not be construed as authorizing the payment by the municipality of any judgment making an award of monetary damages.

Laws 1977, c. 256, § 23103, eff. July 1, 1978.  

§1123103.1.  Employee defined.

As used in Sections 23101 through 23103 of this title, employee means any person who is acting or who has acted in behalf of a political subdivision or an agency whether that person is acting on a permanent or temporary basis, with or without being compensated or on a fulltime or parttime basis. Employee also includes all elected or appointed officers, members of governing bodies and other persons designated to act for an agency or political subdivision, but shall not include independent contractors.

Laws 1979, c. 44, § 6, emerg. eff. April 9, 1979.  

§1123105.  Ambulance service  Liability insurance  Employee benefits.

A.  The governing body of any municipality or county may contract for ambulance service with the state or any of its agencies or any other municipality, county, person, firm, or corporation or combination thereof subject to such terms and conditions as may be agreed upon between the parties or in accordance with the requirements of the Interlocal Cooperation Act.  Such contracts, if with a person, firm, or corporation, shall provide for the carrying of liability insurance in a sum of not less than the risk of liability of the municipality pursuant to the provisions of Section 154 of Title 51 of the Oklahoma Statutes.

B.  Any employee of a municipality, county, or public trust, engaging in ambulance or emergency service provided by the employer shall be entitled to all benefits of any pension fund or insurance benefits to which such employee might otherwise be entitled.  If the employee of any city, town, county, or public trust performs ambulance or emergency service in his offduty hours in addition to such employee's principal employment, the time spent in such additional duty shall not be counted toward the person's pension and the compensation received shall not be used to calculate the pension that person may receive at some future time.

Amended by Laws 1984, c. 126, § 50, eff. Nov. 1, 1984.  

§1123108.  Hospital, health, life and accident insurance for municipal employees.

A.  A municipality may provide hospital and medical benefits, accident, health, and life insurance, or any of the aforesaid, through any company authorized to do business in Oklahoma, for any or all of its officers or employees and their dependents, whether said officers or employees are engaged in a governmental or nongovernmental function of the municipality.  A municipality may also provide such benefits when an officer or employee is ordered by proper authority to active duty in the National Guard or Reserve Corps of the Armed Forces of the United States.  The municipality may pay a portion or all of said premiums from any municipal general funds, and may deduct from the wages or salary of any such officer or employee, upon written authority signed by the officer or employee, amounts for the payment of all or any portion of the monthly premium for same.

B.  1.  For the purposes of and as used in this subsection:

a. "affected municipality" means a municipality that provides hospital and medical benefits, accident and health insurance, or any of the aforesaid, for any or all of its officers or employees and their dependents pursuant to the provisions of subsection A of this section,

b. "health insurance plan" means the hospital and medical benefits, accident and health insurance, or any of the aforesaid, provided by an affected municipality to its officers or employees pursuant to the provisions of subsection A of this section,

c. "retired employee" means any officer or employee of an affected municipality who receives a continuing benefit pursuant to the provisions of the Oklahoma Public Employees Retirement System, a municipal retirement system authorized pursuant to the provisions of Section 48-101 et seq. of this title, the Oklahoma Firefighters Pension and Retirement System, or the Oklahoma Police Pension and Retirement System, and who began receiving said benefits immediately after termination of employment, taking into consideration any administrative delays in establishing said continuing benefits, with an affected municipality, provided that the phrase "retired employee" shall include elected officers that have served eight (8) or more years with an affected municipality and the survivor of said elected officer or officer or employee, and

d. "survivor" means a survivor of a retired employee who would have been eligible to make the election authorized by this subsection and shall be determined in accordance with the applicable rules of the retirement system from which said retired employee qualified to receive benefits.  Provided, "survivor" shall also mean the surviving spouse or the surviving minor child or children of a person who was an employee or elected official of an affected municipality on or after July 1, 1992, and who continuously participated in the hospital and medical benefits insurance plan of said affected municipality at the time of the death of said employee.

2.  Notwithstanding any other state or federal law, a retired employee may continue in force the health insurance plan offered by the affected municipality that last employed said retired employee.

3.  To participate in the health insurance plan offered by a retired employee's affected municipality, the retired employee shall elect to participate in the health insurance plan within thirty (30) days from the date of termination of employment with said affected municipality.

4.  The retired employee who participates in the health insurance plan pursuant to this subsection shall pay up to the full cost of said health insurance plan at the rates and pursuant to the terms and conditions established by the affected municipality, provided the amount of the retired employee's premiums and dependent premiums for said health insurance plan paid by said retired employee who is under sixty-five (65) years of age shall be no greater than one hundred twenty-five percent (125%) of the amount of the officer or employee premiums and dependent premiums for the health insurance plan paid by or on behalf of an officer or employee who is currently employed by the affected municipality.

5.  An affected municipality that offers a health insurance plan in accordance with this section to its officers or employees and dependents shall offer the same health insurance plan to those retired employees and their dependents who elect to continue in force or participate in said health insurance plan in accordance with this subsection unless the retired employee or dependent is over sixty-five (65) years of age and qualifies for Medicare.

6.  An affected municipality that provides a health insurance plan to retired employees pursuant to this subsection shall also offer a Medicare supplement plan to those retired employees and their dependents who are over sixty-five (65) years of age.

7.  An affected municipality which participates in the plan or plans offered by the State and Education Employees Group Insurance Board shall not be subject to the provisions of this subsection so long as said participation continues.

8.  If a retired employee who retires from an affected municipality that participates in a municipal retirement system authorized pursuant to the provisions of Section 48-101 et seq. of this title does not receive a continuing benefit from said municipal retirement system because of a lump sum distribution from said retirement system to said retired employee or because said municipal retirement system is discontinued, said retired employee shall be entitled to make the election authorized pursuant to this subsection if said retired employee was employed by the affected municipality for at least eight (8) years or was disabled due to a line-of-duty injury while employed by and unable to continue similar employment with said affected municipality.

C.  Public and private educational institutions of the state not supported by any state appropriated funds may purchase annuity contracts for any of their fulltime officers and employees from any insurance company organized and operated without profit to any private shareholder or individual exclusively for the purpose of aiding and strengthening educational institutions, whether or not such company be authorized to do business in Oklahoma.

Added by Laws 1977, c. 256, § 23108, eff. July 1, 1978.  Amended by Laws 1991, c. 232, § 2, emerg. eff. May 24, 1991; Laws 1992, c. 386, § 1, eff. July 1, 1992; Laws 1993, c. 50, § 1, emerg. eff. April 9, 1993; Laws 1995, c. 53, § 1, emerg. eff. April 10, 1995; Laws 2004, c. 515, § 4, eff. July 1, 2004.

§1124101.  Short Title.

Short Title.  This act shall be known and may be cited as the "Oklahoma Municipal Power Authority Act".

Laws 1981, c. 218, § 1, emerg. eff. June 2, 1981.  

§1124102.  Legislative Findings and Declaration of Necessity.

Legislative Findings and Declaration of Necessity.  It is declared that the provision of adequate, reliable and economic sources of electrical energy is in the public interest; that there is a need to establish a means by which municipalities and public trusts operating municipal electric systems may jointly plan, finance, own and operate facilities relating to electrical energy and acquire fuel and other supplies for the generation of electrical energy through the creation of a power authority in order to achieve economies and efficiencies not possible for municipalities and public trusts acting alone; that the joint planning, financing, ownership and operation of facilities relating to electrical energy, the acquisition of fuel and other supplies for the generation of electrical energy and the issuance of revenue bonds as provided herein is for a public use and serves a valid public purpose; and that the Legislature finds it necessary and proper to provide a method for municipalities and public trusts operating municipal electric systems to jointly plan, finance, develop, own or operate, either by themselves or with other public agencies, utilities or persons, facilities appropriate to the present and projected needs of such municipalities and public trusts for electrical energy.  It is further declared that the intent of this act is to consider all methods for the generation of electrical energy and to provide such energy in the most economical manner available.

Laws 1981, c. 218, § 2, emerg. eff. June 2, 1981.  

§1124103.  Creation of the Authority.

Creation of the Authority.  There is hereby created within the State of Oklahoma a power authority to be known as "Oklahoma Municipal Power Authority".  Said Authority shall be, and is hereby declared to be a state governmental agency, body politic and corporate, with powers of government and with authority to exercise the rights, privileges and functions hereinafter specified.

Nothing in this act or in any other act or law contained, however, shall be construed as authorizing the Authority to levy or collect taxes or assessments, or to create any indebtedness payable out of the taxes or assessments, or in any manner to pledge the credit of the State of Oklahoma, or any subdivision thereof.

Laws 1981, c. 218, § 3, emerg. eff. June 2, 1981.  

§1124104.  Members.

Members.  (a) (i)  Election Committee.  The Authority shall be governed by a Board of Directors consisting of seven members or such greater number, but in no event more than eleven members, as provided in the bylaws of the Authority as in effect from time to time.  Members of the Board of Directors of the Authority shall be eligible to succeed themselves and shall be elected by the election committee as hereinafter provided in this section.  On or before the 90th day following the effective date of this act, each of those eligible public agencies which shall have, prior to such 90th day, by proper resolution of its governing body or its public trust, declared its intention to participate, or to have any public trust operating its electric system participate, with the Authority in the development of power supply resources, shall designate one person as its representative on the election committee.  All such resolutions of declaration of intention to participate with the Authority shall be filed with the Secretary of State and shall be presented to the election committee at its first meeting which shall be held in the office of the Municipal Electric Systems of Oklahoma at 11:00 a.m. on the first Tuesday following such 90th day. At such meeting the election committee shall organize and elect a chairman and such other officers as may be desirable in the determination of the election committee.  The election committee shall then determine the sufficiency of the resolutions presented to it.

(ii)  Election Committee Voting.  For purposes of voting upon any matter which may properly come before the election committee, each representative shall have one vote unless otherwise provided in the bylaws of the Authority as in effect from time to time.  The presence at any meeting of the election committee of representatives entitled to cast a majority of the total votes to which the election committee shall be entitled shall, unless otherwise provided in the bylaws of the Authority as in effect from time to time, constitute a quorum of the election committee.

(iii)  Bylaws of the Authority.

(A) The bylaws of the Authority shall be adopted by the election committee of the Authority by a majority vote of the election committee and may thereafter be amended at any time and from time to time in whole or in part by the election committee or by the Board of Directors by a majority of the total votes entitled to be cast at any properly called and constituted meeting thereof, provided, however, that any such amendment shall not violate the provisions of Section 19 hereof.

(B) The bylaws of the Authority shall provide the following:

(1)  the time, place, manner of calling, notice, quorum and voting provisions, and other procedural rules for regular and special meetings of the election committee of the Authority;

(2)  the time, place, manner of calling, notice, quorum and voting provisions, and other procedural rules for regular and special meetings of the Board of Directors of the Authority;

(3)  provisions for the number, election, term of office and removal of members of the Board of Directors and for filling vacancies on the Board of Directors;

(4)  the titles, duties and manner of election, removal and replacement of officers of the Authority;

(5)  provisions governing when the Authority may dissolve and the disposition of property of the Authority and the procedures to be followed in the event of such a dissolution, provided, however, that any such dissolution shall not violate the provisions of Section 19 hereof; and  (6)  such other rules for regulating the affairs of the Authority as the election committee or the Board of Directors may deem necessary or advisable.

(iv)  Board of Directors.  The initial members of the Board of Directors of the Authority shall be elected by the election committee of the Authority.  Members of the Board of Directors of the Authority shall be residents of the State of Oklahoma.  Members of the Board of Directors of the Authority may, but need not, be members of the election committee.  Each member of the Board of Directors of the Authority shall hold office until the adjournment of the annual meeting of the Board of Directors held at, or nearest to, the expiration of his term of office as provided in the bylaws of the Authority and until his successor is elected.

(b)  Additional Members of Election Committee.  Each eligible public agency declaring its intention, by proper resolution of its governing body, to participate, or to have any public trust operating its electric system participate, with the Authority in the development of power supply resources after the 90th day following the effective date of this act shall promptly file such resolution with the Secretary of State and give written notice to the Authority of the adoption of such resolution and shall then designate one person as an additional member of the election committee whose term shall begin with the first meeting of the election committee which is held following the expiration of ten (10) days from the date of receipt of notice of the adoption of such resolution by the Authority.  Members of the election committee shall serve at the pleasure of the governing body of the eligible public agency by which they were appointed.

Laws 1981, c. 218, § 4, emerg. eff. June 2, 1981. de

§1124105.  Definitions.

Definitions.  As used in this act the following words shall have the following meanings unless the context clearly indicates otherwise:

(a)  "Authority" shall mean the Oklahoma Municipal Power Authority hereby created and any successor or successors thereto. Any change in name or composition of the Authority shall in no way affect the vested rights of any person under the provisions of this act or impair the obligations of any contracts existing under this act.

(b)  "Board of Directors" shall mean the Board of Directors elected by the election committee as set forth in Section 4 of this act which shall exercise all the powers and manage and control all the affairs and property of the Authority unless otherwise specifically provided herein or in the bylaws of the Authority as in effect from time to time.

(c)  "Bonds" shall mean any revenue bonds, notes or other evidences of obligations of the Authority issued by the Authority under the provisions of this act, including, without limitation, bond anticipation notes and refunding bonds.

(d)  "Eligible public agency" shall mean any municipality, authority or other public body which owns, maintains or operates an electrical energy generation, transmission or distribution system within the State of Oklahoma on the date on which this act becomes law.

(e)  "Person" shall mean (i) any natural person; (ii) any eligible public agency as defined herein; (iii) any public trust as defined herein; (iv) the United States, any state, any municipality, political subdivision, municipal corporation, unit of local government, governmental unit or public corporation created by or pursuant to the laws of the United States or any state, or any board, corporation or other entity or body declared by the laws of the United States or any state to be a department, agency or instrumentality thereof; (v) any corporation, not for profit corporation, firm, partnership, cooperative association, electric cooperative or business trust of any nature whatsoever organized and existing under the laws of the United States or any state; or (vi) any foreign country, any political subdivision or governmental unit of any foreign country or any corporation, not for profit corporation, firm, partnership, cooperative association, electric cooperative or business trust of any nature whatsoever organized and existing under the laws of any foreign country or of any political subdivision or governmental entity thereof.

(f)  "Project" shall mean any plant, works, system, facilities and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, located within or without the State of Oklahoma, used or useful in the generation, production, transmission, purchase, sale, exchange or interchange of electrical energy and in the acquisition, extraction, processing, transportation or storage or of fuel of any kind for any such purposes or any interest in, or right to the use, services, output or capacity, of any such plant, works, system or facilities; provided, however, a project shall not include (i) any interest in any plant for the generation of electrical energy which is to be owned jointly with any investorowned utility if such plant is not existing on May 10, 1981, or (ii) any interest in any nuclear powered generating plant.  For purposes of this definition, a plant shall be considered to be existing if construction shall have been commenced at the plant site, if orders have been placed for major components of equipment or if the plant is to consist of an additional unit at the site of an already existing unit which will use in common any of the existing facilities at such site.

(g)  "Public trust" shall mean any public trust created and existing under the provisions of the Trusts for Furtherance of Public Functions Law, as provided by Sections 176 et seq. of Title 60 of the Oklahoma Statutes, and the Oklahoma Trust Act, as provided by Sections 175 et seq. of Title 60 of the Oklahoma Statutes, which has as its beneficiary a municipality and which owns, maintains or operates an electrical energy generation, transmission or distribution system serving the residents and consumers of such municipality and existing on the date on which this act becomes law or created hereafter with an eligible public agency as the beneficiary.

Laws 1981, c. 218, § 5, emerg. eff. June 2, 1981. de

§11-24-105.1.  Electric generation project - Joint interest - Exception.

Notwithstanding the provisions of subsection (f) of Section 24-105 of Title 11 of the Oklahoma Statutes that prohibits joint ownership in any plant for the generation of electric energy with any investor-owned utility that did not exist on May 10, 1981, the Oklahoma Municipal Power Authority is hereby authorized to own a joint interest in any electric generation project, except any nuclear generating plant.

Added by Laws 2001, c. 397, § 2, emerg. eff. June 4, 2001.

§1124106.  Public Property.

Public Property.  It is hereby found, determined, and declared that the creation of the Authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the Authority is an institution of purely public charity performing an essential governmental function and all property of said Authority (including the Authority's interest in any property held jointly with any other person) is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public and the use of such property pursuant to the terms of this act shall be and is hereby declared to be for essential public and governmental purposes, that is, for the promotion of public general welfare in the matter of providing an adequate, dependable and economic electric power supply in an effort to better the general condition of the residents of the State of Oklahoma, and all of the property of and income, obligations and interest on all the bonds and notes of the Authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes by the State of Oklahoma or any of its political subdivisions.

Laws 1981, c. 218, § 6, emerg. eff. June 2, 1981. der

§1124107.  Powers, Rights and Privileges of Authority.

Powers, Rights and Privileges of Authority.  (a)  The Authority shall have and is hereby authorized to exercise all powers, rights and privileges enumerated in this section.  Such powers, rights and privileges shall be exercised by its Board of Directors unless otherwise specifically provided herein or by the bylaws of the Authority as in effect from time to time.

(b)  The Authority may plan, finance, acquire, construct, reconstruct, own, lease, operate, maintain, repair, improve, extend or otherwise participate, individually or jointly with other persons, in one or more projects, proposed, existing or under construction, and may act as agent, or designate one or more persons, whether or not participating in a project, to act as its agent, in connection with the planning, financing, acquisition, construction, reconstruction, ownership, lease, operation, maintenance, repair, extension or improvement of the project.

(c)  The Authority may investigate the desirability of and necessity for additional sources and supplies of electrical energy and fuel and other supplies of any kind for such purpose, and make studies, surveys and estimates as may be necessary to determine the feasibility and cost thereof.

(d)  The Authority may cooperate with other persons in the development of sources and supplies of electrical energy and fuel and other supplies of any kind for such purposes, and give assistance with personnel and equipment in any project.

(e)  The Authority may apply to any person for consents, authorizations or approvals required for any project within its powers and take all actions necessary to comply with the conditions thereof.

(f)  The Authority may perform any act authorized by this act through, or by means of, its officers, agents or employees or by contract with any person, including, without limitation, the employment of engineers, architects, attorneys, appraisers, financial advisors and such other consultants and employees as may be required in the judgment of the Board of Directors, and fix and pay their compensation from funds available to the Authority therefor.

(g)  The Authority may acquire, hold, use and dispose of income, revenues, funds and money.

(h)  The Authority may, individually or jointly with other persons, acquire, own, hire, use, operate and dispose of personal property and any interest therein.

(i)  The Authority may, individually or jointly with other persons, acquire, own, use, lease as lessor or lessee, operate and dispose of real property and interests in real property, including projects existing, proposed or under construction, and make improvements thereon.

(j)  The Authority may grant the use by franchise, lease or otherwise and make charges for the use of any property or facility owned or controlled by it.

(k)  The Authority may borrow money and issue negotiable bonds, secured or unsecured, in accordance with this act.

(l)  The Authority may invest money of the Authority not required for immediate use, including proceeds from the sale of any bonds.

(m)  The Authority may exercise the power of eminent domain in accordance with the provisions of Section 10.

(n)  The Authority may determine the location and character of, and all other matters in connection with, any and all projects it is authorized to acquire, hold, establish, effectuate, operate or control.

(o)  The Authority may contract with any person for the planning, development, construction, operation, sale or lease as lessor or lessee of any project or for any interest therein, on such terms and for such period of time as its Board of Directors shall determine.

(p)  The Authority may contract with any eligible public agency, any public trust, or any other person for the sale of power and energy, transmission services, power supply development services or other services within or without the State of Oklahoma on such terms and conditions as the Board of Directors shall approve.  Any such contract may be for the sale of output and services of a particular project or may be for output and services generally without regard to a specific project and may be for the supply of a specific quantity of output or a percentage of the output of a specific project or other specific facility or may be based on the requirements of the purchaser or may be on such other terms and conditions as the Board of Directors deems appropriate.

(q)  The Authority may enter into any contract or agreement necessary, appropriate or incidental to the effectuation of its lawful purposes and the exercise of the powers granted by this act, including, without limitation, contracts or agreements for the purchase, sale, exchange, interchange, wheeling, pooling, transmission or storage of electric power and energy, and fuel and other supplies of any kind for any such purposes, within and without the State of Oklahoma, in such amounts as it shall determine to be necessary and appropriate to make the most effective use of its powers and to meet its responsibilities, on such terms and for such period of time as the Board of Directors determines.

(r)  In any case in which the Authority participates in a project as a joint owner with one or more persons, the Authority may enter into an agreement or agreements with respect to such project with the other person or persons participating therein, and any such agreement may contain such terms, conditions and provisions consistent with the provisions of the act as the parties thereto shall deem to be in their best interest.  Any such agreement may include, but need not be limited to, provisions defining what constitutes a default thereunder and providing for the rights and remedies of the parties thereto upon the occurrence of such a default deemed appropriate by the Board of Directors including, to the extent deemed appropriate, the acquisition by nondefaulting parties of all or any part of the defaulting party's interest; provisions setting forth such restraints on alienation of the interests of the parties in the project as the Board of Directors deems appropriate; provisions for the construction, operation and maintenance of such electric generation or transmission facility by any one or more of the parties to such agreement which party or parties shall be designated in or pursuant to such agreement as agent or parties thereto or by such other means as may be determined by the parties thereto; and provisions for a method or methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements and disposals with respect to such project.  In exercising its power to participate in a project as a joint owner with one or more persons, the Authority may not loan its credit to any person which is a joint owner of such project; provided, however, the appropriate allocations of the costs of construction, operation, maintenance, renewals, replacements, improvements and disposals with respect to such project between the Authority and such persons shall not be a loan of credit by the Authority to such persons.  In carrying out its functions and activities as such agent with respect to construction, operation and maintenance of a project, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties. Notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement, the Authority may delegate its powers and duties with respect to the construction, operation and maintenance of such project to the person acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be made binding upon the Authority without further action or approval by the Authority.

(s)  The Authority may procure insurance against any losses in connection with its property, operations or assets in such amounts and from such insurers as it deems desirable, or may selfinsure against such losses.

(t)  The Authority may contract for and accept any gifts, grants or loans of funds or property or financial or other aid in any form from any person, and may comply, subject to the provisions of this act, with the terms and conditions thereof.

(u)  The Authority may adopt a corporate seal and may sue or be sued.

(v)  The Authority may exercise all other powers not inconsistent with the Constitution of the State of Oklahoma or the United States Constitution, which powers may be reasonably necessary or appropriate for or incidental to effectuate its authorized purposes or to the exercise of any of the powers enumerated in this act.

(w) Notwithstanding any other provision herein seemingly to the contrary, the Authority may not sell output (i) at retail to the ultimate consumers thereof, (ii) to any municipality which does not qualify as an eligible public agency under the definition set forth in Section 5(d) of this act, or (iii) to any trust created and existing under the provisions of the Local Industrial Development Act, as provided by Sections 651 et seq. of Title 62 of the Oklahoma Statutes, or the Trusts for Furtherance of Public Functions Law, as provided by Sections 176 et seq. of Title 60 of the Oklahoma Statutes, which does not qualify as a public trust under the definition set forth in Section 5(g) of this act.

Laws 1981, c. 218, § 7, emerg. eff. June 2, 1981.  

§1124108.  Issuance of bonds.

A.  Purposes.  The Authority may issue bonds in such principal amounts as the Authority deems necessary to provide sufficient funds to perform any of its corporate purposes and powers including, without limitation, the acquisition, construction, or termination of any project to be owned or leased, as lessor or lessee, by the Authority or the acquisition of any interest therein or any right to the products or services thereof, the funding or refunding of the principal of, redemption premium, if any, and interest on, any bonds issued by the Authority whether the bonds or interest to be funded or refunded have or have not become due, the payment of engineering, legal, and other expenses, together with interest subsequent to the estimated date of completion of the project for such period of time as the Board of Directors determines appropriate, the establishment or increase of reserves to secure or to pay the bonds or interest thereon, the providing of working capital, and the payment of, and the establishment or increase of reserves for, all other costs or expenses of the Authority incident to, and necessary or convenient to perform, its corporate purposes and powers.

B.  Security for Bonds.  Every issue of bonds of the Authority shall be payable out of the revenues or funds of the Authority, subject to any agreements with the holders of particular bonds pledging any particular revenues or funds.  The Authority may issue such types of bonds as it may determine to be appropriate, including bonds as to which the principal and interest are payable exclusively from the revenues from one or more projects, or from an interest therein or a right to the products and services thereof, or from one or more revenueproducing contracts made by the Authority with any person, or its revenues generally.  Any such bonds may be additionally secured by a pledge or assignment of any revenueproducing contracts made by the Authority with any person or of any grant, subsidy, or contribution from any person or a pledge of any income or revenues, funds, or monies of the Authority from any source.

C.  Negotiability.  All bonds of the Authority shall have all the qualities of negotiable instruments pursuant to the laws of this state.

D.  Bond Provisions.  Bonds of the Authority shall be authorized by a resolution adopted by a majority of the members of the Board of Directors then in office and may be issued pursuant to said bond resolution or pursuant to a trust indenture or other security agreement, in one or more series, and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates which may be fixed or may change at such time or times and in accordance with such formula or method of determination, provided that the interest cost of the money received from the sale of the bonds computed to maturity in accordance with standard bond tables in general use by banks and insurance companies shall not exceed the prime rate of interest of the Oklahoma bank with which the Authority has its primary banking relationship as of the date of sale of the bonds, and provided further that in any event such interest cost shall not exceed the average annual rate of fourteen percent (14%). Said bonds shall also be in such form, either coupon or registered, carry such conversion, registration, and exchange privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment at such place or places within or without this state, be subject to such terms of redemption with or without premium, and contain or be subject to such other terms as the bond resolution, trust indenture, or other security agreement may provide.  Said bonds shall not be restricted by the provisions of any other law limiting the amounts, maturities, interest rates, or other terms of obligations of eligible public agencies or private persons.  The bonds shall be sold, in such manner as the Board of Directors shall determine, at public or private sale.  The Board of Directors may also authorize bonds to be issued and sold from time to time and may delegate to such officer or agent of the Authority as the Board of Directors selects the power to determine the time and manner of sale, public or private, the maturities and rate or rates of interest which may be fixed or may vary at such time or times and in accordance with a specified formula or method of determination, provided that the interest cost of the money received from the sale of the bonds computed to maturity in accordance with standard bond tables in general use by banks and insurance companies shall not exceed the maximum rate of interest provided for in this section.  Said bonds shall be subject to such other terms and conditions deemed appropriate by said officer or agent; provided, however, that the amounts and maturities of, and the interest rate or rates not exceeding the maximum rate of interest provided for in this section on, said bonds shall be within the limits prescribed by the Board of Directors in its resolution delegating to said officer or agent the power to authorize the sale and issuance of said bonds.  E.  Execution of Bonds.  Bonds of the Authority may be issued and delivered notwithstanding the fact that one or more of the officers executing them shall have ceased to hold office at the time the bonds are actually delivered.

F.  Temporary Bonds.  Pending preparation of definitive bonds, the Authority may issue temporary bonds which shall be exchanged for the definitive bonds.

G.  Consents.  Bonds of the Authority may be issued pursuant to the provisions of the Oklahoma Municipal Power Authority Act without obtaining the consent of any department, division, commission, board, bureau, or agency of thi